Single-judge revision dismissing the petitioner's challenge below permission to dispense from personal attendance under Section 205 Cr.P.C. due to lack of convincing grounds, while permitting surrender at trial court.
Petitioner is at liberty to surrender before the learned court below.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRLREV No.14 of 2020
02. 21.01.2020
In the present revision, the petitioner has challenged the order dated 04.12.2019 passed by learned J.M.F.C., Barbil in G.R. Case No.633 of 2016.
It is the case of the petitioner that his prayer to dispense him from personal attendance before the learned court below under Sec.205, Cr.P.C. has been rejected by the learned trial court. The ground mentioned to avail that dispension from personal attendance is that he is a driver by profession. It is stated that in course of his avocation, he has to travel many places and at present he is serving in the State of Jharkhand.
Having perused the impugned order, I do not see any infirmity in the same as the offence alleged are under Secs.379/411/34, I.P.C. and the ground mentioned by the present petitioner to avail the benefits of Sec.205, Cr.P.C. is not found convincing to grant the same in his favour.
Accordingly, the criminal revision is dismissed being
devoid of merit.
However, as prayed for by learned counsel for the petitioner, the petitioner is at liberty to surrender before the learned court below.
B.P. Routray, J.
BKB
3 issues framed by the court
Whether the petitioner's claim of professional necessity to avail dispensation from personal attendance under Sec. 205 Cr.P.C. constitutes a valid ground for revision.
Whether the revision petition challenging the rejection of prayer for dispension from personal attendance warrants interference.
Whether the petitioner is permitted to surrender before the trial court after dismissal of the revision.
2 provisions across 2 enactments
Petitioner
State of Jharkhand
B.P. Routray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
