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2022 (12) TMI 274 - HC - Insolvency and BankruptcySeeking exemption from personally appearing before the trial court on each and every date of the said criminal proceeding on 9th March 2021 - Section 205 of the Code of Criminal Procedure - HELD THAT - Section 205 confers a discretion on the court to exempt an accused from personal appearance till such time his appearance is considered by the court to be not necessary during trial. It is manifest from a complaint reading of the provision that while considering an application under Section 205 of the Code the Magistrate has to bear in mind the nature of the case as well as the conduct of the person summoned. It is the foremost duty of the trial court to examine whether any useful purpose would be served by requiring the personal attendance of the accused or whether the progress of the trial is likely to be hampered on account of his absence - It is obvious that no useful purpose would be served by requiring personal attendance of the petitioner because the fate of the trial would depend on complainant s success in establishing the charge against the accused persons beyond any shadow of doubt. Allegation made against the accused is not of such nature where personal attendance of the accused and his identification is absolutely necessary. Moreover when the petitioner undertakes that he would not dispute his identity this Court fails to understand as to why his application under Section 205 of the Cr.P.C was rejected. The learned trial judge failed to consider that the nature of offences attributed to the petitioner was not of such nature that the petitioner should be present before the court throughout the trial preferable on each and every date. In the impugned order the learned trial judge observed that the nature of job of the petitioner is not that all monumental importance - The learned trial judge also failed to appreciate that no useful purpose would be served by requiring personal attendance of the petitioner and also the course of trial of the case would not hamper on account of his absence. An application under Section 205 of the Cr.P.C cannot be rejected on the plea that the accused has alternative remedy Section 317 of the Cr.P.C. The learned trial court also failed to consider that provision under Section 205 of the Cr.P.C is to be liberally construed. 24. In view of the above discussion the impugned order dated 19th May 2022 passed by the learned Judge-in-Charge 2nd Special Court Calcutta is liable to be set aside. The application filed by the petitioner under Section 205 of the Cr.P.C is allowed.
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