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lissing perme (unemployed)     04 September 2012

Procedure under 205 of cr.p.c

Respected Members,

Can accused file a petition for dispense with personal attendance of accused under Section 205 of CR.P.C. before Special Judges or Session Judge.

If answer is no!!!,then what is the procedure to dispense with personal attendance of accused before Session Court or Special Court under Prevention of Corruption Act.

and

Do this petition is allow only in Magistrate Court.??

Thanks in advance.



Learning

 5 Replies

Gunjan Tiwari (member)     04 September 2012

Court summoned or issue warrant in this case? Whenever a magistrate issue a summons, he may , if he sees reason so to do , dispense with personal attendeance of the accused & permit him to appear by his pleader.  Magistrate can exempt from personal attendance of the accused even where warrant was issue subsequently after the issue of summons. Law of dispensing depends upon the attending facts & circumstances. Magistrate have wide discretionary power in this regard.

1 Like

lissing perme (unemployed)     04 September 2012

It is Court Summoned Case.

Under what provision of Cr.P.C do I file petition for execption for personal apparance  in Special Court under Prevention of Corruption Act.???

Gunjan Tiwari (member)     04 September 2012

You are right in your question u/s 205 of cr.p.c. You please understand that  every criminal court even spl court also comes under cr.p.c . There is no other special criminal procedure code in India. So your case is also comes under this act. If you are ill or hospitalised than you may also pray through your advocate u/s 317 of cr.p.c.

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lissing perme (unemployed)     05 September 2012

Thanks you sir!!! for your valuable guidance.

Any others guidance are always welcome in this regards.

Thanks again.

Again Sir what is basic difference between Seection 205 and 317 of Cr.P.C.???

Gunjan Tiwari (member)     05 September 2012

In complaint case in hindi known as PARIWAD sec 205 of cr.p.c. applied and if accused is unable to present in case of warrant / evidence/ or any other type of procedings advocates pray for exemption of accused u/s 317 cr.p.c .


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