Personal appearance under Section 205 CrPC may be dispensed with in document-based complaints when attendance is unnecessary for trial progress.

In a complaint based substantially on documentary evidence, personal attendance of the accused may be dispensed with under Section 205 CrPC where presence is not necessary for the effective progress of the trial or the administration of criminal justice. The court must consider whether any useful purpose would be served by insisting on attendance, and the accused may proceed through counsel if willing to appear when required. The refusal to grant exemption was unsustainable because the controlling considerations were not applied, and the order was set aside subject to compliance with conditions.

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Issues: Whether the accused petitioner's personal appearance could be dispensed with under Section 205 of the Code of Criminal Procedure, 1973 in a complaint based substantially on documentary evidence.

Analysis: The discretion under Section 205 is to be exercised by considering whether the accused's presence is necessary for the administration of criminal justice and whether any useful purpose would be served by insisting on attendance. Where the case is document-based, personal attendance may be dispensed with if the trial can proceed effectively through counsel and the accused undertakes to appear when required. The impugned order did not address these controlling considerations and instead proceeded on the petitioner's personal status, which was not material to the exercise of discretion.

Conclusion: The petitioner was entitled to exemption from personal appearance under Section 205 of the Code of Criminal Procedure, 1973, subject to conditions, and the refusal to grant such exemption was unsustainable.

Final Conclusion: The revisional court set aside the order refusing dispensation of personal attendance and permitted the petitioner to be represented through counsel on compliance with the specified conditions.

Ratio Decidendi: In a complaint resting mainly on documents, personal attendance of the accused may be dispensed with under Section 205 if it is not necessary for the effective progress of the trial or the administration of criminal justice.

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