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The issue involves the petitioner seeking exemption from personal appearance in a criminal case being tried as a warrant case, under Section 205 of the Code of Criminal Procedure. Summary: The petitioner, the first accused in a criminal case, filed an application under Section 205 of the Code of Criminal Procedure seeking exemption from personal appearance due to employment in Pune. The Magistrate dismissed the petition, stating that exemption cannot be granted in a warrant case. The petitioner filed a petition under Section 482 of the Code of Criminal Procedure to quash the order and seek permission for exemption. The court noted that Section 205 allows the Magistrate to exempt the accused from personal appearance at trial, considering both prosecution convenience and accused difficulties. The court highlighted the importance of the accused's presence during plea recording and questioning under Sections 246(2) and 313 of the Code of Criminal Procedure. It was emphasized that exemption can be granted in appropriate cases, despite the requirement under Section 273 for the accused's presence during trial. Referring to legal precedents, the court mentioned that in certain circumstances, the accused's statement under Section 313 can be dispensed with if the accused undertakes not to raise any prejudice. The court also cited a Supreme Court ruling explaining the need for the accused's presence during trial proceedings. The court clarified that while the Magistrate can grant exemption under Section 205(1) for temporary absence, permanent exemption requires compliance with specific conditions outlined by the Supreme Court. The petitioner was granted liberty to reapply for exemption with proper documentation meeting the necessary conditions. In conclusion, the petition was disposed of, allowing the petitioner to move the Magistrate for exemption with a proper application meeting the required conditions.
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