section 205 of Cr.P.C.

Section 205 Of Cr.P.C.Magistrate may dispense with personal attendance of accused.-

(1) 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.

(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided.


“ It is stated that as respondent was ill, that necessary petitions were filed before the learned Magistrate under Section 317 ofCriminal Procedure Code to condone the absence of the respondent and also a petition underSection 205 of Criminal Procedure Code to dispense with personal appearance. The learned Magistrate allowed the petition under Section 317 of Criminal Procedure Code, but however dismissed the petition under Section 205 of Criminal Procedure Code and directed respondent to appear before Court.”


Madras High Court.

K. Ramakrishnan vs M.M. Rajendran on 7 September, 1994

Equivalent citations: 1995 CriLJ 3959

Bench: S A Mohamed