Case Note & Summary
The case involved an appeal by the appellant challenging the dismissal of her application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973, by the Calcutta High Court. The appellant was involved in proceedings under Section 138 of the Negotiable Instruments Act, 1881, and sought exemption from personal examination under Section 313 Cr.P.C. The appellant had previously been allowed representation under Section 205 Cr.P.C. but was ultimately required to appear personally for examination. The core legal issue was whether the courts below had erred in denying her request for exemption from personal appearance. The appellant's counsel argued that judicial discretion should have been exercised in her favor based on prior case law. The respondent supported the High Court's decision, asserting that the law mandates personal examination in warrant cases. The Supreme Court analyzed relevant provisions and precedents, concluding that personal attendance is generally required in warrant cases, and the High Court's order did not warrant interference. The appeal was dismissed, affirming the lower courts' decisions.
Headnote
A) Criminal Procedure - Examination of Accused - Personal Attendance Requirement - Code of Criminal Procedure, 1973, Section 313 - The court held that the requirement for personal attendance during examination under Section 313 is mandatory in warrant cases, and the discretion to exempt personal attendance is limited to summons cases. The appellant's request for exemption was rejected as the trial was not a summons case, and the High Court's order was upheld. (Paras 1-32).
Issue of Consideration
Whether the appellant could be exempted from personal examination under Section 313 of the Code of Criminal Procedure, 1973.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's order that the appellant must personally appear for examination under Section 313 Cr.P.C.
Law Points
- Examination of accused
- Personal attendance
- Judicial discretion
- Section 313 Cr.P.C.
- Section 205 Cr.P.C.
