2023 (10) TMI 1045 - HC - Indian Laws

Rejection of petitioner s application for dispensing with his personal appearance under Section 205 of the Criminal Procedure Code - HELD THAT - Under this Section, the Magistrate is competent to dispense with personal attendance of the accused. While exercising the discretion in this regard, the Magistrate may take into account the nature of controversy. Besides that the Magistrate has to consider whether any useful purpose would be served by the requiring the personal attendance of the accused or whether progress of the trial is likely to be hampered on account of his absence. If any attempt is made to prolong the proceeding, the Magistrate is competent to pass any order as it deems fit and proper. The petitioner is her application for dispensing with her personal appearance under Section 205 of the Code has taken the ground that she is a housewife and has to look after day to day affairs of her house and thus her personal appearance be dispensed with - The question whether the petitioner is a housewife or a businesswoman is not of such material and the only aspect is to be looked into whether her attendance before the Court is necessary in the facts and circumstances of the case. The case of the complainant is based on documents. From the impugned order it is found that the learned Magistrate has not considered whether any useful purpose could 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 her absence. The personal appearance of the petitioner is dispensed with subject to conditions imposed - the revisional application is allowed.

Summary

Issues involved:
The judgment deals with a revisional application against the order passed by a Learned Judicial Magistrate in connection with a complaint case under Section 50 of Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, regarding the petitioner's application for dispensing with personal appearance under Section 205 of the Criminal Procedure Code.

Details of the Judgment:

Nature of Complaint and Allegations:
The complaint alleged that the petitioner, along with others, failed to disclose income from foreign companies and bank accounts during certain assessment years, leading to the initiation of the complaint case under Section 50 of the Black Money Act. The petitioner sought dispensation of personal appearance based on being a housewife responsible for household affairs.

Petitioner's Arguments:
The petitioner's advocate argued that the case is based on documentary evidence, making personal appearance unnecessary. Citing legal precedent, he emphasized that the attendance of the accused is crucial only if necessary for the administration of criminal justice.

Opposite Party's Response:
The opposite party's advocate contended that the offense under the Black Money Act is serious, and exempting the petitioner's appearance could hinder justice administration. Concerns were raised about the petitioner's potential flight risk and intentional evasion of court appearances.

Legal Provisions and Precedents:
The judgment referred to Section 205 of the Criminal Procedure Code, which allows a Magistrate to dispense with the personal attendance of the accused. Legal precedents highlighted the importance of ensuring progress in trial proceedings and the discretion of the court in requiring personal attendance.

Court's Decision and Conditions:
The court found that the personal appearance of the petitioner could be dispensed with, subject to specific conditions. These conditions included submitting a written undertaking not to challenge identity, appearing when required, and not leaving the country without court permission. The court set aside the trial court's order and directed representation without the first appearance.

Conclusion:
The revisional application was allowed, the trial court's order was set aside, and specific conditions were imposed for the petitioner's representation without personal appearance. The judgment emphasized that any attempt to prolong proceedings would lead to necessary court action. All parties were instructed to act as per the court's order, and certified copies were to be provided upon request.