Exemption from personal appearance under criminal procedure allowed, with counsel permitted to represent the accused before first appearance.

Section 205 of the Code of Criminal Procedure, 1973 empowers a Magistrate to permit an accused to be represented by counsel without first appearing personally, where the circumstances justify exemption from personal attendance. The Court held that, in the nature of the case, the accused could appear through an advocate before his first personal appearance and that the Magistrate had discretion to grant such exemption. The accused was required to file a written undertaking before the trial court not to dispute his identity and to accept that the trial would proceed in his absence. The request for representation without prior personal appearance was therefore allowed, and exemption was directed to be granted.

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Issues: Whether the accused could be permitted to be represented by counsel under Section 205 of the Code of Criminal Procedure, 1973 without first appearing personally before the Magistrate.

Analysis: The revisional application challenged the refusal of exemption from personal appearance. The Court held that in the nature of the case the accused could be represented by an advocate before first appearance, and that Section 205 of the Code of Criminal Procedure, 1973 empowered the Magistrate to permit such representation. The accused was also required to submit a written undertaking before the trial court not to dispute identity and to accept that the trial would proceed in his absence.

Conclusion: The prayer for representation without first personal appearance was allowed, and the Magistrate was directed to grant the exemption under Section 205 of the Code of Criminal Procedure, 1973.

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