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Dibakar Ray (Advocate.)     20 January 2014

Section 205 of c.r.p.c

Dear All members,


Can I file an application under section 205 of the Code of criminal procedure, 1973 before the concerned magistrate for the dispensation of personal appearance of an accused before a Criminal Court" . before taking bail from the court.

Note that the magistrate have already taken cognizance of the matter and issued summons.

Also note that the offences are non-cognizable and bailable.


Dibakar Ray



 5 Replies

adv.raghavan (Advocate,9444674980)     20 January 2014

Purely discretion of the Magistrate to allow the petition under sec.205 crpc, dispensing the appearance of the accused.

Dibakar Ray (Advocate.)     20 January 2014

Hi Mr. Raghaban,

Can you please provide any judgment of the Supreme Court/ High Court wherein it been allowed dispense of the appearence of the accused even from the first date.



Dibakar Ray

Nadeem Qureshi (Advocate/     20 January 2014

without getting Bail it is not possible

adv.raghavan (Advocate,9444674980)     20 January 2014


Kindly refer Hon.Supreme court observations in 

M/S. Bhaskar Industries v/s M/s Bhiwani Denim apparels ltd                                                          . This can be understood from Section 205(1) of the Code which says that 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.

Thus, in appropriate cases the magistrate can allow an accused to make even the first appearance through a counsel. The magistrate is empowered to record the plea of the accused even when his counsel makes such plea on behalf of the accused in a case where the personal appearance of the accused is dispensed with.

Dibakar Ray (Advocate.)     21 January 2014

Dear Mr. Raghavan,

Thank you so much for your valued advice.

I have also gone through the said judgment & also of the opinion that the same can be done in view of the procedure as laid down in section 205 & 317 of the code of Criminal Procedure, 1973.

Again thanks a lot.


Dibakar ray

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