Application of accused U/s 205 facing trial U/s 499/500 of IPC
Pushkar Damle
(Querist) 24 March 2011
This query is : Resolved
At the stage of trial of examination in chief, can accused person file application of leave from personal appearance, under section 205 and is he eligible to get such relief granted?,
To prevent the magistrate in passing such order what is remedy as the trial will be of no use in absence of the accused,
if possible please give references of rejecting such applications upheld by the higher courts in our nation
Guest
(Expert) 24 March 2011
at any stage the 205 Cr.P.C. petition can be filed. at the time of charge framing, examination of eye/main witness, question u/s 313 and judgement(optional) only the the personal attendance of the accused can be compelled. as a complainant he cannot compel the accused to present in all the hearings. Normally 205 is allowed until and unless serious objections raised.
Arvind Singh Chauhan
(Expert) 24 March 2011
In addition to Ganesan Sir's view. Presence of accused may be required for the identification of accused, if necessary, at the stage of evidence.
Gulshan Tanwar
(Expert) 24 March 2011
S.499/ 500 are unconstitutional and how your lawyer will find it out?
prashant pundhir
(Expert) 25 March 2011
Agreed with Mr.Ganeshan,it is totally the outlook of the magistrate that he at any stage,dispense the personal attandance of accused .Although he can direct him and enforce him for his personal attandance whenever he thinks it necessary .
Advocate. Arunagiri
(Expert) 25 March 2011
205 can be filed at any point of time. At the same time the magistrate can order for the presence of the accused even after allowing the 205.
