Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 05 December 2021
Section 205 in The Code Of Criminal Procedure, 1973
205. Magistrate may dispense with personal attendance of accused.
(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader.
(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided.
Archana Pandey 25 January 2022
Dear Ms. Manisha,
With reference to your query, under this act Sec 205 crpc,1973 a Magistrate gives approval on the absentism of the accused personal appearance. However, first, Magistrate overseeing and cross*xam all the aspects and valid reasons presented by the accused and allows the advocate to be appear on the behalf of the accused. But, a Magistrate who involves in investigation, may direct the personal appearance of the accused as per his convenience and he may implement the order in such a way if it required to do so.
Aryan Raj 31 January 2022
Can you please elaborate a little bit more on the legal provisions for a better understanding?
Archana Pandey 01 February 2022
Dear Mr. Aryan,
Giving you a case reference of Orissa High Court Ram Prabesh Gossain vs Republic on India 20 April, 2015, where petitioner who is accused though request for his absence due to his oldage ailments like Glaucoma and he is in under medical treatment and unable to reach Court. Even he filed medical papers as a reference. But then judge dissatisfied and claimed that he has been travelling to Bihar to Rourkela, his native place. And he needs not to be present regularly in Court, he must be there in starting and further he can take the help of Section 317 crpc if it requires so. Whenever Court needs him, he must be there.