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        Case ID :

        1998 (2) TMI 617 - HC - Indian Laws

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        Personal appearance exemption is exceptional relief, and a reasonable refusal will not be disturbed in inherent jurisdiction. Exemption from personal appearance under the Code is an exceptional, discretionary relief and must be granted only on a judicious assessment of the ...
                        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.

                              Personal appearance exemption is exceptional relief, and a reasonable refusal will not be disturbed in inherent jurisdiction.

                              Exemption from personal appearance under the Code is an exceptional, discretionary relief and must be granted only on a judicious assessment of the totality of circumstances; personal attendance remains the normal rule. On the facts discussed, factors such as age, ailment, distance and inconvenience were weighed against the allegations and the petitioners' movements to official offices, and the refusal of exemption was treated as a reasonable view. Inherent jurisdiction was not invoked to disturb that refusal, and the earlier reliance on the provision for adjournment was considered irrelevant because the applications had been rejected as premature. A short stay of the warrant was noted to enable surrender and bail.




                              Issues: Whether the refusal to grant exemption from personal appearance under Section 205 of the Code was justified and whether the inherent jurisdiction under Section 482 of the Code should be invoked to interfere with that refusal.

                              Analysis: The power to exempt an accused from personal appearance is discretionary and must be exercised judiciously on the facts of each case. Personal appearance in a criminal trial remains the normal rule, while exemption is an exception. The circumstances relied upon by the petitioners, including age, ailment, residence at a distant place, and inconvenience, were considered against the nature of the allegations and the surrounding facts, including the petitioners' movement to offices and authorities at Bhubaneswar. The refusal of exemption was found to be a reasonable view and no case for interference under Section 482 of the Code was made out. The contention based on Section 317 of the Code was found to be irrelevant because the earlier applications under that provision had been rejected as premature.

                              Conclusion: The refusal to grant exemption from personal appearance was upheld and interference under Section 482 of the Code was declined.

                              Final Conclusion: The petitions were dismissed, with limited protection granted by staying the warrant for a short period to enable the petitioners to surrender and apply for bail in accordance with law.

                              Ratio Decidendi: Exemption from personal appearance under Section 205 of the Code is an exceptional and discretionary relief that must be granted only on a judicious assessment of the totality of circumstances, and a reasonable refusal will not be interfered with in inherent jurisdiction.


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