The following are list of judgments that you can cite while seeking Exemption from Personal Appearance in Court proceedings.
- In Sukla Mukherjee Vs State on 13 Dec 1994, Calcutta High Court said 205 CrPC applies to warrants cases also like 498A IPC.
- In R.Annapurna Vs Ramadugu Anantha Krishna Sastry and Ors on 09 Aug 2000, SC passed 3 conditions before granting exemption from personal appearance.
- In MS. Bhaskar Industries Ltd Vs MS. Bhiwani Denim and Apparels Ltd and Ors on 27 August 2001, Supreme Court says,
- 17. 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. Section 317 of the Code has to be viewed in the above perspective as it empowers the court to dispense with the personal attendance of the accused (provided he is represented by a counsel in that case) even for proceeding with the further steps in the case. However, one precaution which the court should take in such a situation is that the said benefit need be granted only to an accused who gives an undertaking to the satisfaction of the court that he would not dispute his identity as the particular accused in the case, and that a counsel on his behalf would be present in court and that he has no objection in taking evidence in his absence. This precaution is necessary for the further progress of the proceedings including examination of the witnesses.
- In Sri Pritam Sen Vs The State Of West Bengal on 18 October, 2001, Calcutta High Court says, “the learned Magistrate, in the fitness of the things, should not have Issued warrant against the petitioner at the first Instance without assigning any reason in compliance with provisions laid down in Clauses (a) and (b) of Section 87 of the Code of Criminal Procedure.”
- In Md. Naim @ Md. Naimuddin Vs. State of Bihar and Ors on 08 Dec 2006, Patna High Court said 205 CrPC applies to warrants cases also like 498A IPC.
- In the landmark Rajesh Sharma & ors. Vs State of UP and Anr on 27 July 2017 judgment, Supreme Court held that personal exemption to be granted to accused who are residing in outstation locations.
- In Sri Rameshwar Yadav Vs The State Of Bihar on 16 March, 2018, Supreme Court granted Exemption from Personal Appearance to parents of Arnesh kumar.
- In Ajay Kumar Bisnoi and Anr Vs MS KEI Industries Limited on 25 September 2015, Madras High Court says, “a Magistrate can dispense with appearance of accused in a criminal case on first appearance itself, if accused is represented by an Advocate and supported by reasonable excuse.”
- In Ajay Kumar Saboo Vs State of Bihar on 30 Jun 2017
- Puneet Dalmia Vs CBI Hyderabad on 16 December 2019
- YS Jagan Mohan Reddy Vs Central Bureau of Investigation on 26 Aug 2022 [APHC: If the accused has no issues for an advocate to represent him during the criminal case proceedings, the magistrate may grant exemption from personal apperance]
