Section 205 of c.r.p.c

Purely discretion of the Magistrate to allow the petition under sec.205 crpc, dispensing the appearance of the accused.

Hi Mr. Raghaban,

Can you please provide any judgment of the Supreme Court/ High Court wherein it been allowed dispense of the appearence of the accused even from the first date.

Regards,

Dibakar Ray

without getting Bail it is not possible

MR.DIBANKAR ROY,

Kindly refer Hon.Supreme court observations in 

M/S. Bhaskar Industries v/s M/s Bhiwani Denim apparels ltd                                                          . This can be understood from Section 205(1) of the Code which says that whenever a magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader.

Thus, in appropriate cases the magistrate can allow an accused to make even the first appearance through a counsel. The magistrate is empowered to record the plea of the accused even when his counsel makes such plea on behalf of the accused in a case where the personal appearance of the accused is dispensed with.

Dear Mr. Raghavan,

Thank you so much for your valued advice.

I have also gone through the said judgment & also of the opinion that the same can be done in view of the procedure as laid down in section 205 & 317 of the code of Criminal Procedure, 1973.

Again thanks a lot.

Regards,

Dibakar ray