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Home > Experts > Criminal Law > Best ground for sec 205 cr.p.c.



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Best ground for sec 205 cr.p.c. (Criminal Law)

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This query is : Resolved


Author : PARTHA SARKAR

Posted On 17 March 2012 at 15:43

I am grateful to panel of experts who have extended their selfless advises and helps. As advised by the respected panels on my sec. 200 CrPC case (U/S. 406, 499 of IPC) I got bail before receiving of court notice. Though the case is normal private case but my case is exceptional due to fake SC certificate matter.

Chief Judicial Magistrate was totally biased even in open court she has started to mentioned wild allegations made by my estranged wife. As I am advocate on my behalf two senior was appeared and after long argument Magistrate was compelled to enlarge my bail petition but her face was reddish.

Later those senior informed me that sec 205 petition’s acceptance may be a difficult on next date. One of them told me you put ground that I am a junior advocate and staying 440 KM ahead from my home town.

I will be grateful if I get advise regarding best ground for acceptance of sec. 205 of CrPC petition exemption from personal appearance.





Expert : PARTHA P BORBORA

Posted On 17 March 2012 at 16:38

The magistrates power u/s 205 Cr. P. C is discretionary. But the discretion must be judicious. In my opinion u stay 450 km away from the court and thus u may not be able to appear before the court in all dates fixed for trial is a good ground to be represented by your lawyer u/s 205.



Expert : Shonee Kapoor

Posted On 17 March 2012 at 20:45

a) Medical grounds.
b) Job requirements
c) Health of family members


Regards,

Shonee Kapoor
harassed.by.498a@gmail.com



Expert : V R SHROFF

Posted On 17 March 2012 at 22:51

affecting public +justice[u r adv]

will not serve any purpose appearing in court.
ur Adv will represent you, and you undertake to ratify .


as such exemption is rule, and rejection of 205 is exception.



Expert : venkatesh Rao

Posted On 17 March 2012 at 23:08

Accused means an accused and an advocate accused can not be placed on a different footing. 205 is always discretionary. As per your say, if the CJM is biased, then definitely, 205 will be rejected. I am afraid there are no grounds to invoke 205.

As you are also an advocate, why not you think of 482 before high court?



Expert : PARTHA P BORBORA

Posted On 18 March 2012 at 10:38

the power of the magistrate is discretionary but the discretion must be judicious. You stay 450 km away and being an advocate you may not be able to appear before the court in all forthcoming dates fixed for trial is a genuine ground.



Expert : Shantilal Pandya

Posted On 19 March 2012 at 07:26

Grounds advanced by you are ordinarily sufficient for claiming exemption,advocacy is also a public duty,



Expert : venkatesh Rao

Posted On 28 March 2012 at 19:58

Partha sir,
Why not to apply same principle with full rigor to a farmar, or a govt. servant.


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