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        Case ID :

        2018 (9) TMI 2107 - HC - Indian Laws

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        Exemption from personal appearance is discretionary and not automatic in serious economic offence proceedings. Exemption from personal appearance under Section 205 CrPC remains a matter of judicial discretion, to be exercised sparingly having regard to the nature ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                          Exemption from personal appearance is discretionary and not automatic in serious economic offence proceedings.

                          Exemption from personal appearance under Section 205 CrPC remains a matter of judicial discretion, to be exercised sparingly having regard to the nature of the offence, the accused's conduct, possible prejudice to the trial, and whether personal attendance serves any useful purpose. A request for wholesale dispensation throughout the proceedings was distinguished from occasional exemption, and business commitments, directorships, and travel inconvenience were found insufficient in a case involving serious economic allegations. Inherent jurisdiction under Section 482 CrPC cannot displace such a discretionary order absent patent illegality or abuse of process. The refusal to dispense with appearance was upheld.




                          Issues: Whether the petitioner was entitled to have his personal appearance dispensed with on all dates of hearing under Section 205 of the Code of Criminal Procedure, and whether the order refusing such exemption called for interference under Section 482 of the Code of Criminal Procedure.

                          Analysis: The relief sought was a permanent dispensation from appearance in a case involving serious economic allegations. The governing principle applied was that exemption from personal attendance is a matter of judicial discretion to be exercised sparingly, having regard to the nature of the offence, the conduct of the accused, the likelihood of prejudice to the trial, and whether any useful purpose would be served by insisting on personal attendance. The Court distinguished between a request for occasional exemption and a request for wholesale dispensation throughout the proceedings. It also held that the accused's business commitments, status as a director of companies, and inconvenience in travelling were not sufficient grounds in a case involving grave alleged economic offences. The Court further held that the inherent power under Section 482 of the Code of Criminal Procedure cannot be used to disturb a discretionary order unless there is patent illegality or abuse of process.

                          Conclusion: The petitioner was not entitled to permanent exemption from appearance, and the refusal to dispense with his appearance was upheld.


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                          ActsIncome Tax
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