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Tag: CrPC 205 – Magistrate may dispense with personal attendance of accused

YS Jagan Mohan Reddy Vs Central Bureau of Investigation on 26 Aug 2022

Posted on January 8 by ShadesOfKnife

The Hon’ble the Chief Justice of Telangana High Court held as follows,

From Para 42.1, 43, 44.1,

42.1. After referring to Section 205 CrPC, Supreme Court held that it is within the powers of the Magistrate and in his judicial discretion to dispense with the personal appearance of an accused either throughout or at any particular stage of such proceedings in a summons case, if the Magistrate finds that insistence on his personal presence would itself inflict enormous suffering or tribulations on the accused and the comparative advantage would be less.

43. Delhi High Court in Chandramauli Prasad (supra) examined Section 205 CrPC in the light of the decision of the Supreme Court in Bhaskar Industries Limited (supra) and held that provisions requiring the presence of the accused which mandate that the trial be held in his presence are enacted for the benefit of the accused. If the accused person himself does not wish to avail of the right of personal appearance on every date; if he reposes the fullest confidence in the court and in his advocate, and is confident that justice will be meted out to him even in his absence, then, provided his absence does not prejudice him in any way or hinder the progress of the trial, it is not necessary for the trial court to insist on his presence.
44.1. One of the criteria for exercising the power under Section 205 CrPC is that personal appearance of the accused on each and every date of trial should not result in unnecessary harassment of the accused. However, the Court must ensure that exemption from personal appearance is not abused to delay the trial.

And in Para 45,

45. In Hiremagalur Parthsarthy Shamalah (supra), Patna High Court while adverting to Section 205 CrPC and its discretionary nature, opined that power under Section 205CrPC has to be exercised in a reasonable manner; Court should be liberal in granting exemption from personal appearance except where serious issues or allegations of moral turpitude are involved. Even after issuance of warrant, the High Court may dispense with the personal appearance in exercise of power under Section 482 CrPC if a proper case is made out for the ends of justice. In that case, the revision petitioners were high officials posted at Pune and Shillong while the trial was to be conducted at Patna. It was held that inconvenience would be caused if they were required to be present on each and every date of hearing; more so when the revision petitioners had given undertaking to be physically present in Court when so ordered by the Court. Mere fact that cognizance had been taken and the offences alleged are non-bailable cannot be reasons for rejecting the prayer under Section 205 CrPC.

Finally from Paras 48 and 49,

48. In so far the impugned order is concerned, the trial court has taken note of the changed circumstances i.e., petitioner occupying the constitutional office of Chief Minister of the neighbouring State of Andhra Pradesh. However, trial court referred to certain observations made by this Court in the order dated 31.08.2017 that “offences committed by the petitioner are grave offences affecting the economy of the country”. I am afraid it is not open to the trial court to rely upon such observations at the very threshold. These are allegations against the petitioner brought in the form of charge sheet. At this stage, it cannot be said that petitioner had committed the offence(s). Further, the trial court erred that being away from Andhra Pradesh for two days was not a ground to invoke the discretion of the court. The trial court further erred in taking the view that the changed circumstances has no bearing having regard to the offences and allegations made by the respondent/CBI being grave in nature.
49. In my considered opinion, learned Principal Special Judge fell in grave error by bringing in the above factors while considering the request of the petitioner for exemption from personal appearance. This is further aggravated by the observation of the learned Principal Special Judge that in criminal proceedings trial should be conducted in presence of the accused and therefore, his request for exemption from personal appearance should not be considered. I am afraid learned Principal Special Judge failed to appreciate the fact that the principle that trial has to be conducted in presence of the accused is to ensure that the accused gets a fair trial; nothing is done behind the back of the accused. Provision seeking exemption from  personal appearance is intended for the benefit of the accused. Those cannot be interpreted in a manner which causes hardship and prejudice to the accused.

YS Jagan Mohan Reddy Vs Central Bureau of Investigation on 26 Aug 2022

The earlier order from trial Court is here.

Y.S.Jagan Mohan Reddy Vs CBI on 01 Nov 2019

Index is here.

Posted in High Court of Telangana Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 205 – Magistrate may dispense with personal attendance of accused YS Jagan Mohan Reddy Vs Central Bureau of Investigation | Leave a comment

Phani Bhushan Potu Vs State of Telangana and Anr on 16 Aug 2022

Posted on December 27, 2022 by ShadesOfKnife

A single judge bench of Telangana HC held as follows,

From Paras 3-7,

3. Learned counsel for the petitioner submits that the petitioner is arrayed as Accused No.3 in the Calendar Case in question and the trial Court insisted personal appearance of the petitioner for each and every adjournment and the petitioner has to accompany his daughter for her admission into College and, therefore, exemption from appearance may be granted till 10th October, 2022 by setting aside the impugned order dated 19.07.2022.
4. Per contra, the learned Assistant Public Prosecutor contends that the petitioner can invoke Rule 37 of the Criminal Rules of Practice and Circular Orders, 1990.
5. Learned counsel for the petitioner submits that as his personal appearance is insisted by the trial Court, he did not invoke the said provision.
6. When there is dire necessity for the Accused to be present elsewhere and, therefore, cannot attend the trial Court and make personal appearance, the Courts are liable to consider the ground urged and apply a pragmatic approach. Therefore, this Court considers it desirable to dispose of the present Criminal Revision Case making such a direction.
7. Resultantly, this Criminal Revision Case is disposed of directing the Court of III Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, not to insist upon personal appearance of the petitioner/Accused No.3 in C.C.No.280 of 2012 that is pending on the file of the said Court, in case the petitioner files an application either under Section 317/205 Cr.P.C. or under Rule 37 of the Criminal Rules of Practice and Circular Orders, 1990, by raising just and sufficient ground for exemption of personal appearance till 10th October, 2022.

Phani Bhushan Potu Vs State of Telangana and Anr on 16 Aug 2022
Posted in High Court of Telangana Judgment or Order or Notification | Tagged 1-Judge Bench Decision Criminal Rules of Practice Rule 37 - One Accused May Be Permitted To Represent Other CrPC 205 – Magistrate may dispense with personal attendance of accused CrPC 317 - Provision for inquiries and trial being held in the absence of accused in certain cases Phani Bhushan Potu Vs State of Telangana and Anr | Leave a comment

R.Annapurna Vs Ramadugu Anantha Krishna Sastry and Ors on 09 Aug 2000

Posted on October 21, 2022 by ShadesOfKnife

A division bench of Apex Court passed guidelines while disposing the appearance of the petitioners u/s 205 CrPC.

7. Consequentially, we quash the order of the High Court dated 3.10.1996. However, we hasten to add that this order of ours is passed without prejudice to the right of the respondents to move the trial court for discharge. We are disposed to afford some more reliefs to the respondents. We notice that among the respondent some of them are ladies. So, if any of the respondents would apply before the trial court for exempting them from personal appearance the trial court shall exempt them from personal appearance on the following conditions:

1. He or she would not dispute his or her identity as the particular accused mentioned in the charge sheet.
2. A counsel on their behalf would be present in the court whenever the case is taken up.
3. They would be present in the court on the date when such presence becomes imperatively needed.

R.Annapurna Vs Ramadugu Anantha Krishna Sastry and Ors on 09 Aug 2000 (IK Ver)

R.Annapurna Vs Ramadugu Anantha Krishna Sastry and Ors on 09 Aug 2000 (CM Ver)

R.Annapurna Vs Ramadugu Anantha Krishna Sastry and Ors on 09 Aug 2000 (LD Ver)

Citations: [2000 ACR SC 3 2522], [2000 JT SC 10 479], [2002 SCC 10 401], [2001 AIR SC 0 2308], [2001 AIR SCW 2308]

Other Sources:

https://indiankanoon.org/doc/1021734/

https://www.casemine.com/judgement/in/5609ad69e4b014971141155c

https://legaldata.in/court/read/803964


Index here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 205 – Magistrate may dispense with personal attendance of accused Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Not Authentic copy hence to be replaced R.Annapurna Vs Ramadugu Anantha Krishna Sastry and Ors Reportable Judgement or Order | Leave a comment

Rajesh Pundkar and Ors Vs State of Maharashtra and Anr on 08 Jun 2022

Posted on June 12, 2022 by ShadesOfKnife

A division bench of Bombay High Court said that, FIR cannot be quashed against relatives living in far away places just on that ground, when there are allegedly specific allegations in the Complaint/FIR.

From Paras 8-10,

8. On going through the allegations made in the First Information Report, we find that the allegations are not vague in nature. They are not general in nature either and that they specifically assign a role to each of the applicants which they had performed while subjecting the respondent No.2 to cruelty and harassment.
9. It appears to us that the entire story of woes of respondent No.2 began, going by the allegations made against applicant No.1, after the applicant No.1 established extra marital relations with applicant No.6 and even performed second marriage with her clandestinely. The respondent No.2 got married to applicant No.1 in the year 2007 and the respondent No.2 also bore three children from out of the wedlock. Out of three children, one is son and two are daughters. The eldest daughter of respondent No.2 is aged about 14 years, second daughter is aged about 7 years and the son, who is the youngest, is aged about 4 years. It is further seen that the year 2017 proved to be a disaster for respondent No.2 as it was from this year and on wards the marital discord began. From this year hence, the applicant No.1 started harassing the respondent No.2. It is alleged that he even used to subject her to severe beating. Soon thereafter, it is further seen, the respondent No.2 learnt about the extra marital affair that applicant No.1 was having with the applicant No.6 and when questioned by respondent No.2, applicant No.1 would further subject respondent No.2 to cruelty. The acts of cruelty and harassment have been specifically stated by respondent No.2 in the FIR as well as in police statement. The respondent No.2 has also alleged that when she brought all these facts to the notice of remaining applicants, they being her in-laws and probably in a position to control and regulate the conduct of applicant No.1, unexpected reaction came from the remaining applicants. The remaining applicants instead of exercising proper control over the applicant No.1, according to respondent No.2, started instigating applicant No.1 against respondent No.2. As alleged by respondent No.2, these applicants even raised illegal demand of Rs.50,000/- from respondent No.2 and upon her failure to meet that demand, the respondent No.2 was subjected by all these applicants to verbal abuses. They even instigated husband i.e. applicant to drive respondent No.2 out of his house.
10. The afore-stated allegations, we do not think, could be called as vague and general. These allegations have been made not only against the applicant-husband but also against all the in-laws i.e. remaining applicants and they are all specific in nature. They disclose sufficiently commission of cognizable offence cruelty, punishable under Section 498-A of the Indian Penal Code. It also does not appear to us that they have been made with some hidden motive to just rope in all in-laws.

From Para 12,

12. This is a case wherein specific instances of involvement of not only the husband but also his relatives have been stated and therefore, with due respect, we would say that the case of Kahkashan Kausar would not assist the applicants in any manner. In the case of Kahkashan Kausar, it is also held that when there are general omnibus allegations made in the course of matrimonial dispute and if they are not checked, it would result in misuse of the process of law. As stated earlier, in this case, there are no general omnibus allegations made against all the applicants rather, these allegations make out a prima-facie case against all the applicants and therefore, on this count also the case of Kahkashan Kausar would not help the applicants.

Rajesh Pundkar and Ors Vs State of Maharashtra and Anr on 08 Jun 2022

TIP: Don’t waste money on Quash in such circumstances. Just file a 205 CrPC application on the EXACT same grounds and sit at home relax! Let the prosecution scrabble to prove their false allegations.

Posted in High Court of Bombay Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Can Rope In All Relatives Of In-Laws Or Distant Relatives CrPC 205 – Magistrate may dispense with personal attendance of accused CrPC 482 - Quash Dismissed IPC 498A - Husband or relative of husband of a woman subjecting her to cruelty Misinterpretation of Earlier Judgment or Settle Principle of Law Rajesh Pundkar and Ors Vs State of Maharashtra and Anr | Leave a comment

Ajay Kumar Saboo Vs State of Bihar on 30 Jun 2017

Posted on December 1, 2021 by ShadesOfKnife

A single-judge bench of Patna High Court held as follows,

It appears from the averment made in the instant petition that at the relevant time the petitioner was Managing Director and whole time Director of the Company and the complaint was filed by Registrar of the Company under section 58(A) of the Companies Act read with Rule-3 (i)(a) proviso (i) Rule 10 of the Company within (Acceptance and Deposits) Rules, 1975. The reason for rejection of the application under Section 205 Cr. P.C. as appears from Annexure-2 that the offence is non-bailable. The court below committed error of jurisdiction in ignoring the fact that in the instant case after taking cognizance, summon was issued by the court below and in view of the judgment of the Division Bench in the case of Ram Harsh Das case reported in 1998(1) PLJR 502, the court was required to consider the application of the petitioner on its own merits without being prejudiced by the facts that the offence as alleged is non-bailable. In similar circumstances, a Bench of this Court in Cr. Revision Nos. 543, 454 of 2006 in the case of Manish Giri vs. State of Bihar reported in 2007 (1) PLJR has discussed the scope under section 205 Cr.P.C. and noticing the Division Bench judgment in the case of Ram Harsh Das (supra) and various other judgments held out that power to refuse permission under section 205 Cr.P.C. should not be used as a substitute for ultimate punishment which could be awarded. The court decided the matter but also in the last paragraph issued direction to the Registrar to circulate the copy of the order for to all the Civil Courts in the State of Bihar for guidelines of Judicial Officers in future.

Notwithstanding the aforesaid judgment which was circulated to all the Civil Courts, the court below rejected the application of the petitioner filed to dispense with personal appearance vide order dated 9.12.2010 and even the revisional court in Cr. Revision No. 97 of 2011 has failed to exercise judicial discretion for the ends of justice and as such the petitioner was constraint to approach this Court by way of filing the instant application.

Ajay Kumar Saboo Vs State of Bihar on 30 Jun 2017

Casemine version:

Ajay Kumar Saboo Vs State of Bihar on 30 Jun 2017 (CM ver)
Posted in High Court of Patna Judgment or Order or Notification | Tagged 1-Judge Bench Decision Ajay Kumar Saboo Vs State of Bihar CrPC 205 – Magistrate may dispense with personal attendance of accused Reportable Judgement or Order | Leave a comment

Sukla Mukherjee Vs State on 13 Dec 1994

Posted on December 1, 2021 by ShadesOfKnife

A single judge bench of Calcutta High Court held as follows,

The Ld. Magistrate dismissed that application on the ground, inter alia, that Section 205 of the Cr. P.C. is not applicable in a case which is instituted on police report. That is not the interpretation of Section 205. Sub-section (1) of Section 205 does not limit the application only to a complaint case, it can also be applied even in a case instituted on police report. So, the reason that has been given by the Ld. Magistrate for refusing the personal exemption of the petitioner is not at all logical and it is illegal.

Casemine version:

Sukla Mukherjee Vs State on 13 Dec 1994

Citations:

Other Sources :

https://indiankanoon.org/doc/294422/

https://www.lawyerservices.in/Sukla-Mukherjee-Versus-State-1994-12-13


Index here.

Posted in High Court of Calcutta Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 205 – Magistrate may dispense with personal attendance of accused Not Authentic copy hence to be replaced Reportable Judgement or Order Sukla Mukherjee Vs State | Leave a comment

Md. Naim @ Md. Naimuddin Vs. State of Bihar and Ors on 08 Dec 2006

Posted on December 1, 2021 by ShadesOfKnife

Single judge bench of Patna High Court held as follows,

First two paras

1. Heard. Present application is directed against the Trial Court’s order dated 16.6.2006 by which the petitioner’s prayer for exemption from personal appearance in terms of Section 205 Cr.P.C., has been rejected on the sole ground, that the prosecution is for an offence under Section 498A which is a warrant case, and, as such, the privilege under Section 205 Cr.P.C. cannot be extended.
2. To my mind, such an order is not sanctioned in law and shows the inability of the learned Magistrate to read the provision correctly. Section 205 Cr.P.C. is preconditioned on summons being issued at the first instance. Here, it is not disputed and is apparent from the impugned order itself, that summons were issued at the first instance. Summons for appearance predicates appearance through Lawyer or in person, it does not provide that a person has to appear in person. Therefore, it is simple that if pursuant to summons issued, a person to whom summons are issued appears through Lawyer, then compliance is complete and his appearance is valid. In such a case, no Court can then reject the appearance and direct that the persons summoned, must appear in person as by appearance through the lawyer, he has already submitted to the jurisdiction of the Court. He can now be taken into custody only, if, pursuant to his appearance and the bond executed for continuing to appear he defaults and not otherwise.

Casemine version:

Md. Naimuddin Vs State of Bihar and Ors on 08 Dec 2006 (CM)

Legal Quest version:

Md. Naimuddin Vs State of Bihar and Ors on 08 Dec 2006 (LQ)

Citations : [2006 SCC ONLINE PAT 977], [2007 PLJR 2 260]

Other sources:

 


Index here.

Posted in High Court of Patna Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 205 – Magistrate may dispense with personal attendance of accused Md. Naim @ Md. Naimuddin Vs. State of Bihar and Ors Reportable Judgement or Order | Leave a comment

Exemption from Personal Appearance (u/s 205 CrPC) in Court Judgments

Posted on August 16, 2020 by ShadesOfKnife

The following are list of judgments that you can cite while seeking Exemption from Personal Appearance in Court proceedings.

  1. In Sukla Mukherjee Vs State on 13 Dec 1994, Calcutta High Court said 205 CrPC applies to warrants cases also like 498A IPC.
  2. In R.Annapurna Vs Ramadugu Anantha Krishna Sastry and Ors on 09 Aug 2000, SC passed 3 conditions before granting exemption from personal appearance.
  3. 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.
  4. 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.”
  5. 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.
  6. 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.
  7. 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.
  8. 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.”
  9. In Ajay Kumar Saboo Vs State of Bihar on 30 Jun 2017
  10. Puneet Dalmia Vs CBI Hyderabad on 16 December 2019
  11. 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]
Posted in LLB Study Material | Tagged CrPC 205 – Magistrate may dispense with personal attendance of accused | Leave a comment

All Reliefs from Judiciary

Posted on August 16, 2020 by ShadesOfKnife

Awareness of law involved in the case laid against you is crucial to handle and take charge of your case yourself. The following are some of the general reliefs one can invoke in Andhra Pradesh for sure. They may apply to other states also. List of High Courts is here.

Note: If you need some reliefs from Police High-handedness, go here.


Always remember Article 21 of Constitution of India

Article 21 is what powers Fair treatment of accused during criminal trials. It provides for fair investigation, Fair trial and Fair Judgment. Any violation of Article 21 gives you liberty to invoke Article 226 at High Court and Article 32 at Supreme Court to seek Writ Reliefs. Case laws are available in chronological order here.

It reads as follows:

21. Protection of life and personal liberty.—No person shall be deprived of his life or personal liberty except according to procedure established by law.


Engagement of Advocates

As per Section 32 of Advocates Act 1961, you can appear in your own case.

If a victim wants to engage a private advocate to prosecute their case, yes you can, but only to assist the PP. The sections to back this aspect are to read

  1. Sec 225 CrPC
  2. Proviso to Sec 24(8) CrPC
  3. Sec 301 CrPC
  4. and finally Sec 302 CrPC. In that Order.

Hope this helps clarify the legal position to those of us who filed/intend to file Criminal cases against OP. This is explained in this case law here. The case law is available on my site here.


Engagement of a third-party other than Advocates

As per again Section 32 of Advocates Act 1961, you can appear in some one else’s case, subject to certain conditions.

  1. You must be a non-advocate
  2. You must have some relationship due to which the accused/defendant trusts you
  3. You may be permitted by a Court, an authority or any person
  4. You may be permitted to appear in any particular case; as a corollary, may not be permitted in all cases or for all clients
  5. Prior Court permission is necessary (via a Petition; sample here)

This is laid out by the Legendary Jurist Sri V.R. Krishna Iyer in this celebrated case law here.


Terminating the services of Advocates

You have complete freedom to terminate the services of your Advocate and engage another one. Just be cautiously about the local procedures which can differ from High Court to High Court. It means, in some High Courts, there is no need of any No-Objection-Certification (NOC) from your current Advocate before you engage another. Like in Karnataka. But not so in Andhra Pradesh, wherein it is unwritten rule to obtain NOC so as to avoid unpleasant situations/conversations/interactions between you and your advocates (or between the earlier and current Advocates). Nevertheless Supreme Court has laid down a landmark case law here. Use it judiciously. Also take a look at other similar case laws here.


First Appearance in Court

Once the case documents are sent to Court via a Charge sheet or Closure report as mandated u/s 173 CrPC, Court Filing Section staff gives is a case number and list it in the causelist (daily timetable of work) before a competent Magistrate/ Judge.

On your first appearance day in the Court, Court staff will ask questions to identify you and your purpose of attending the Court. Next question is if you have engaged an advocate or need time for this purpose. Finally, case will be adjourned to a future date and each accused person will be given a set of copy of the above case documents which were submitted into Court by Police as mandated u/s 207 CrPC.


Exemption from Personal Appearance in Court

If you do not want to appear even on first appearance for certain obvious and unavoidable reasons, take help from this case law here and here and You can seek exemption for self or other accused from appearing in the Court in a case u/s 205 CrPC of CrPC 205. Vital Case laws are available here. For single-day relief, see Absent Petition below.


Provision u/s 173 CrPC to demand documents from IO to be submitted to Court and to obtain a copy of prosecution documents

Section 173(7) reads as follows:

(7) Where the police officer investigating the case finds it convenient so to do, he may furnish to the accused copies of all or any of the documents referred to in sub-section (5).

How to use it:

If you are good terms with IO, then he/she may find it convenient to furnish to the accused copies of all or any of the documents. Be courteous to IO to make use of this.

Note: Otherwise, as mentioned above, Court will anyways, provide a copy of the entire bunch of prosecution documents to each accused on first appearance.

Section 173(6) reads as follows:

(6) If the police officer is of opinion that any part of any such statement is not relevant to the subject-matter of the proceedings or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interest, he shall indicate that part of the statement and append a note requesting the Magistrate to exclude that part from the copies to be granted to the accused and stating his reasons for making such request.

How to use it:

If you have submitted any documents/made a statement that IO records during inquiry (supposedly u/s 41A CrPC), and such documents are missing in the bunch of documents procured via above section or u/s 207 CrPC, then submit to the Court that such left-out/excluded documents be brought on record of Court. The case law is here.

Even if such seeking of documents is objected to for any legal reason, one can seek for inspection of such documents as held in here.


Protest Petition

After Police file a final report ( be it a Charge sheet or a Closure report), Court notifies the informant/complainant about the same and invites any objections to the same. The informant/complainant can file a protest petition into the Court and object to section/accused removal from Charge sheet or Closure report itself can be objected to. Couple of Landmark judgments are here.


Limited Authority of Registry or Filing Section/Office attached to a Court

A Registry attached to a High Court or a Filing Section attached to a District/Magistrate Court has a limited set of functions on the administration of Justice and authority and they certainly can not exercise judicial function as held by Supreme Court here. Use this judgment, as appropriate, to ensure Court staff perform only their duties and nothing beyond that.


Time-bound disposal provisions in Various Enactments

Check this page here for various provision available in the gender-biased laws which specify time limits for disposal of cases.


Use of Interrogatories in Civil and Criminal cases

Carefully designed Interrogatories are a tool to extract helpful information from OP. Read more info here.

Code of Civil Procedure (CPC) Order XI – Discovery and Inspection (read with Sec 30) has the necessary Rules to be following to file an application for delivery of interrogatories in a Civil case like DVC, HMA24 etc.

Code of Criminal Procedure (CrPC) Section 287 provides a similar provision in Criminal cases in which a commission is issued.

Case laws here.


Usage of Rule 37 of Criminal Rules of Practice and Circular Orders, 1990 (High Court of A.P.)

If you are going to fight your case on your own as Party-in-person, make good use of Rule 37 of the Criminal Rules of Practice and Circular Orders, 1990 (High Court of A.P.), which allows you to represent your co-accused, most probably, your parents or family members.

Same Rules apply to folks in Telangana State too. Some case laws here.


Absent Petition

You can seek exemption for self or other accused from appearing in the Court on a particular singular date in a case u/s 317 CrPC.

You can send your duly-filled, stamped and signed absent petitions to the Office of Superintendent of the Court where your case is going on, well in advance, with a cover letter to place your Absent petition on the Bench.


Non-bailable Warrants (NBWs) for arrest

It is highly possible that trial courts may issue NBWs at the drop of the hat. Despite having bail for the said accused already. So to overcome this issue, once has to file a Recall petition seeking recall of the NBW. Use these judgments here, to tide over this menace.

The general procedure is issue summons first, then bailable warrants and finally non-bailable warrants for arrest of accused.

In case NBWs are issued and petition for recall of the same (u/s 70(2) CrPC) are refused/dismissed, you can file Revision at the Appellate Court (u/s 397 CrPC). Use these judgments here


Speedy Trial

Our right to Fair and Speedy Trial arises from Article 21 (read with Article 227) . The case laws are here. A landmark judgment is here which also refers to section 483 CrPC. Article 227 also is a remedy.


Arrest unnecessary adjournments

Tareeq pe tareeq epidemic can easily be addressed taking help u/s 309(2) CrPC which is amended by Act 5 of 2009, s. 21 (w.e.f. 1-11-2010). Read the Landmark judgment which insisted on the importance, utility and urgent need of Trial/Session Courts to use the 4th Proviso to this sub-section here (2013). A 2017 reportable decision here. Also Read the other judgments here (included AP HC case law).

Also if prosecution fails to bring the witnesses to Court for examination, Courts can deny granting adjournments as held here.

Also if prosecution or defence try to delay Cross-examination of a witness, Courts can at max defer to 3 days as held here and can also levy heavy fines as held in this tagline here.

It is held by the Apex Court here that, Chief Examination & Cross-Examination Of Witness Must Be Recorded On The Same Day Or Following Day.


Time-barred Litigation

Time-barred litigation should be attacked using the provision u/s 468 of CrPC.


Register a complaint against Public Servant (No sanction from Government required!!!)

If any Public servant (read as Judge, Magistrate or Police) does something to violate their duty as prescribed u/s 197 CrPC, they are liable for criminal prosecution u/s 166A IPC. Read full details here. Karnataka High Court clearly explains this here.


Discharge Petition

If the prosecution documents do not have any basis to connect you to the allegation listed in Charge sheet by Police, this is one opportunity to find the grounds and file a Discharge Petition and come out the case. Check out the landmark case laws here. Especially, B S Neelakanta judgment.


Case Calendar

The common frustration defence has with Prosecution in a false case is, absconding of the prosecution witnesses from Cross-examination. For obvious reasons, false case filers generally, do not appear for Cross examination. To tackle such scenarios, you can use the Supreme Court judgment to force the Trial judge to come up with case calendar for the entire case, which is available here.


Only 6 months Stay on Proceedings

It is common knowledge that one party goes to higher courts seeking to stay proceedings in lower court. Supreme Court has restricting this behavior of endless stay on proceedings which is impacting the disposal of cases in timely manner in this judgment here.


During Cross examination of Lying witnesses

Make good use of this set of legal weapons from Indian Evidence Act 1872.

 

59. Proof of facts by oral evidence. –– All facts, except the contents of documents or electronic records, may be proved by oral evidence.

60. Oral evidence must be direct. –– Oral evidence must, in all cases whatever, be direct; that is to say ––
if it refers to a fact which could be seen, it must be the evidence of a witness who says he saw it;
if it refers to a fact which could be heard, it must be the evidence of a witness who says he heard it;
if it refers to a fact which could be perceived by any other sense or in any other manner, it must be the evidence of a witness who says he perceived it by that sense or in that manner;
if it refers to an opinion or to the grounds on which that opinion is held, it must be the evidence of the person who holds that opinion on those grounds:
Provided that the opinions of experts expressed in any treatise commonly offered for sale, and the grounds on which such opinions are held, may be proved by the production of such treatises if the author is dead or cannot be found, or has become incapable of giving evidence, or cannot be called as a witness without an amount of delay or expense which the Court regards as unreasonable.
Provided also that, if oral evidence refers to the existence or condition of any material thing other than a document, the Court may, if it thinks fit, require the production of such material thing for its inspection.

61. Proof of contents of documents. –– The contents of documents may be proved either by primary or by secondary evidence.

101. Burden of proof. –– Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.

106. Burden of proving fact especially within knowledge. –– When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.

 

132. Witness not excused from answering on ground that answer will criminate. –– A witness shall not be excused from answering any question as to any matter relevant to the matter in issue in any suit or in any civil or criminal proceeding, upon the ground that the answer to such question will criminate, or may tend directly or indirectly to criminate, such witness, or that it will expose, or tend directly or indirectly to expose, such witness to a penalty or forfeiture of any kind:
Proviso. –– Provided that no such answer, which a witness shall be compelled to give, shall subject him to any arrest or prosecution, or be proved against him in any criminal proceeding, except a prosecution for giving false evidence by such answer.

138. Order of examinations. –– Witnesses shall be first examined-in-chief, then (if the adverse party so desires) cross-examined, then (if the party calling him so desires) re-examined.
The examination and cross-examination must relate to relevant facts, but the cross-examination need not be confined to the facts to which the witness testified on his examination-in-chief. A landmark judgment is available here.

146. Questions lawful in cross-examination. –– When a witness is cross-examined, he may, in addition to the questions hereinbefore referred to, be asked any questions which tend––
(1) to test his veracity,
(2) to discover who he is and what is his position in life, or
(3) to shake his credit, by injuring his character, although the answer to such questions might tend directly or indirectly to criminate him, or might expose or tend directly or indirectly to expose him to a penalty or forfeiture:
Provided that in a prosecution for an offence under section 376, 3[section 376A, section 376AB section 376B, section 376C, section 376D, section 376DA, section 376DB] or section 376E of the Indian Penal Code (45 of 1860) or for attempt to commit any such offence, where the question of consent is an issue, it shall not be permissible to adduce evidence or to put questions in the cross-examination of the victim as to the general immoral character, or previous sexual experience, of such victim with any person for proving such consent or the quality of consent.

155. Impeaching credit of witness. –– The credit of a witness may be impeached in the following ways by the adverse party, or, with the consent of the Court, by the party who calls him: ––
(1) By the evidence of persons who testify that they, from their knowledge of the witness, believe him to be unworthy of credit;
(2) By proof that the witness has been bribed, or has accepted the offer of a bribe, or has received any other corrupt inducement to give his evidence;
(3) By proof of former statements inconsistent with any part of his evidence which is liable to be contradicted;
Explanation. –– A witness declaring another witness to be unworthy of credit may not, upon his examination-in-chief, give reasons for his belief, but he may be asked his reasons in cross-examination, and the answers which he gives cannot be contradicted, though, if they are false, he may afterwards be charged with giving false evidence.

159. Refreshing memory. –– A witness may, while under examination, refresh his memory by referring to any writing made by himself at the time of the transaction concerning which he is questioned, or so soon afterwards that the Court considers it likely that the transaction was at that time fresh in his memory.
The witness may also refer to any such writing made by any other person, and read by the witness within the time aforesaid, if when he read it he knew it to be correct.
When witness may use copy of document to refresh memory. –– Whenever a witness may refresh his memory by reference to any document, he may, with the permission of the Court, refer to a copy of such document:
Provided the Court be satisfied that there is sufficient reason for the non-production of the original. An expert may refresh his memory by reference to professional treatises.

160. Testimony to facts stated in document mentioned in section 159. ––A witness may also testify to facts mentioned in any such document as is mentioned in section 159, although he has no specific recollection of the facts themselves, if he is sure that the facts were correctly recorded in the document.


Prosecution witnesses absent for the Examination/Evidence Stage:

Cr.P.C. (u/s 284 and 285 onwards) provides for issuing commissions which will go to the place where the prosecution witness resides and record the deposition. Use this sample here to tighten the screws of the lying (and absenting) complainant.


Perjury is nearby

Let the OP lie in Court. Just ensure you have the truth (hint: evidences) with you. Perjury will be awaiting just in case an illegal order gets to be passed. Here are the Case laws.


Contempt Jurisdiction to the rescue

If no order gets passed due to Perjury, let the Contempt jurisdiction take care of falsifications, material concealments, forgeries etc. Again do let the OP lie and cheat, which comes to them naturally. You can get punishment and fine levied upon the OP under the following provisions. Few case here.

  1. Article 129 of the Constitution of India (At Supreme Court)
  2. Article 142 of the Constitution of India (At Supreme Court)
  3. Article 215 of the Constitution of India (At High Courts)
  4. Contempt of Courts Act 1971 (here is the Act)

Compensation

 


Delay in Pronouncing Judgments

Sometimes, Courts take enormous amount of time in pronouncing the Judgments after reserving the same. Supreme Court gave directions that can be used by us. One such landmark judgment is here. This tag here has some more judgments.


Obtaining copy of the Judgment/Order for free

Order passed under

  • Section 204(3) CrPC: Summon (in a summons-case) or Warrant (in a warrants-case) issued u/s 204(1) shall be accompanied by a copy of such complaint. (Also obtain the list of prosecution witnesses !!)
  • Section 248(1) CrPC: Acquittal Order after Trail
  • Section 249 CrPC: Discharge from a non-cognizable or a compoundable case, if the complainant is absent
  • Section 252 CrPC: Conviction Order in case of guilty plea.
  • Section 256 CrPC: Acquittal Order in case of non-appearance or death of complainant
  • Section 257 CrPC: Acquittal Order in case of withdrawal of complaint
  • Section 258 CrPC: Acquittal or Discharge of an accused due to stoppage of proceedings by Magistrate
  • Section 24 of PWDV Act 2005: Court to give copies of order free of cost.

Reasoned Orders/Judgments

The hallmark of a judicial pronouncement is the quality of reasons given against each issue/charge framed at the beginning of the decision. This decision here is just one which emphasizes the same.


Remedies against Malicious Prosecution in India

Check out this page here.

 


MASTER SITEMAP here.

Posted in LLB Study Material | Tagged All Reliefs from Judiciary Article 21 - Protection of life and personal liberty Article 227 - Power of superintendence over all courts by the High Court Costs For Contempt Of Court CPC Order 11 - Discovery and Inspection Criminal Rules of Practice Rule 37 - One Accused May Be Permitted To Represent Other CrPC 164 - Recording of Confessions and Statements CrPC 173 - Report of Police Officer on Completion of Investigation CrPC 173(5) - Prosecution Can Produce Additional Documents CrPC 197 - Prosecution of Judges and public servants CrPC 205 – Magistrate may dispense with personal attendance of accused CrPC 207 - Supply to the accused of copy of police report and other documents CrPC 239 - When accused shall be discharged CrPC 284 - When attendance of witness may be dispensed with and commission issued CrPC 285 - Commission to whom to be issued CrPC 287 - Parties may examine witnesses CrPC 309 - Power to Postpone or Adjourn Proceedings CrPC 317 - Provision for inquiries and trial being held in the absence of accused in certain cases CrPC 397/399 - Revision CrPC 468 - Bar to taking cognizance after lapse of the period of limitation CrPC 483 - Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates CrPC 73 - Warrant may be directed to any person Fine For Contempt Of Court Imprisonment For Contempt Of Court Interrogatories IPC 166A - Public servant disobeying direction under law Perjury Under 340 CrPC Remedies against Malicious Prosecution in India Work-In-Progress Article | Leave a comment

Ajay Kumar Bisnoi and Anr Vs MS KEI Industries Limited on 25 September 2015

Posted on August 6, 2020 by ShadesOfKnife

This is a good judgment from Madras High Court which held that, 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.

Beautiful articulation of fact situation on the ground

From Para 15,

15. However, this Court is much concerned if the counsel who is permitted to represent the petitioners/accused is absent on the ground of boycott. In such circumstances, the Court below is at liberty to proceed in accordance with law. Persons belonging to the legal profession are concededly the elite of the society. They have always been in the vanguard of progress and development of not only law but the polity as a whole. Citizenry looks at them with hope and expectations for traversing on the new paths and virgin fields to be marched on by the society. The profession by and large, till date has undoubtedly performed its duties and obligations and has never hesitated to shoulder its responsibilities in larger interests of mankind. The lawyers, who have been acknowledged as being sober, task-oriented, professionally-responsible stratum of the population, are further obliged to utilise their skills for socio-political modernisation of the country. The lawyers are a force for the preservance and strengthening of constitutional government as they are guardians of the modern legal system. But now-a-days, unfortunately, strikes, boycott calls and even unruly are becoming a frequent spectacles and boycotting the Courts by Advocates has come a regular feature in this state and almost throughout a year, one section or the other of the members of the Bar abstain from Courts and thereby making this Chartered High Court into shattered position. No Advocate has a right to abstain from Court without first returning the briefs to his clients and refunding the fees received from them. It is well known that several clients are paying through their nose by borrowing heavily to their advocates and it is a matter of life and death for them. Advocates who are boycotting the Courts for one cause of so, should not ignore the fact that there have been several causes before the Courts pending for disposal and their act of boycotting would lead to a travesty of justice and destroy the basic democracy, which would tantamount to failure of administration of justice. Failure of a lawyer to attend to his case in Court would not only be breach of contract and breach of trust, but also professional misconduct.

In such circumstances, this Court feels it appropriate to make the following:
i) No advocate has right to stall the court proceedings on the ground that advocates have decided to strike or to boycott the courts or even boycott any particular court. With the strike by the lawyers, the process of court intended to secure justice is obstructed which is unwarranted under the provisions of the Advocates Act.
ii) It is always open to the litigants to claim damages and also to move the Consumer forum for appropriate compensation and for damages that had caused to them by theirs Advocates by not representing the matters in Courts;
ii) No Advocate shall be permitted to represent the matter without robes (dress-code) on boycott day;
iii) The Courts below shall record the non-apperance of the Advocates due to boycott in the listed case proceedings and proceed with the matters on merits;
iv) After recording such non-apperance of the Advocates, the Courts below shall report the same to the Bar Council of India for appropriate action and it would facilitate the litigants to pursue the matter with the Bar Council of India.
The Registry is directed to issue a copy of this order to all the subordinate Courts dealing with civil and criminal matters.

Ajay Kumar Bisnoi and Anr Vs MS KEI Industries Limited on 25 September 2015

Other Source links: https://indiankanoon.org/doc/117608503/

 

Posted in High Court of Madras Judgment or Order or Notification | Tagged 1-Judge Bench Decision Ajay Kumar Bisnoi and Anr Vs MS KEI Industries Limited Catena of Landmark Judgments Referred/Cited to CrPC 205 – Magistrate may dispense with personal attendance of accused MS. Bhaskar Industries Ltd Vs MS. Bhiwani Denim & Apparels Ltd and Ors | Leave a comment

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