Permanet exsumption
nikhil singh
(Querist) 12 March 2011
This query is : Resolved
Can anybody provide me the Judgment of Supreme Court of India or Punjab & Haryana HIgh Court on permanent exsumption U/s 317 Cr.Pc from appreance of accused in Criminal case. I want to exsumpted my clients appearance on each date. In this case i am relying upon two grounds
1.Distance
2. Expenses
Any other ground on which i can rely upon please let me know.
vijayan
(Expert) 13 March 2011
permanent exemption is not under section 317 of Cr P C, but under section 205 of Cr P C. there was a general direction of kerala high court regarding this aspect and subsequently supreme court set aside those directions but that ruling is in favor of the accused who file 205 application in special circumstances before the trial court.
For conveniance I am reproducing the published judgment.
Bench: D Jain, A K Ganguly, H Dattu
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1854 OF 2008
TGN KUMAR -- APPELLANT
VERSUS
STATE OF KERALA & ORS. -- RESPONDENTS
JUDGMENT
D.K. JAIN, J.:
1. Challenge in this appeal, by special leave, is to the order dated 4th
September, 2008 passed by a learned Single Judge of the High Court of
Kerala in Crl. M.C. No.1977 of 2007 whereby a number of general
directions have been issued to all the criminal courts, which are called
upon to hold trials, particularly in cases involving an offence under
Section 138 of the Negotiable Instruments Act, 1881 (for short "the N.I.
Act"), as also in all other cases involving offences which are technical in
nature and do not involve any moral turpitude.
1
2. In view of the controversy at hand, it is unnecessary to state the facts
giving rise to this appeal in detail, except to note that the present case
arises out of a complaint filed under Section 138 of the N.I. Act. On
being summoned by the Magistrate, the accused preferred a petition
before the High Court under Section 482 of the Criminal Procedure
Code, 1973 (for short "the Code"), inter alia, praying for dispensing with
her personal appearance before the Magistrate. As afore-stated, the High
Court, while allowing the said application, and permitting the accused to
Tgn Kumar vs State Of Kerala & Ors. on 14 January, 2011
Indian Kanoon - http://indiankanoon.org/doc/1908341/ 1
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 March 2011
