Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 – ss. 205 and 482 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Dowry Prohibition Act, 1961 (28 of 1961) Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 – ss. 205 and 482 – Second respondent filed complaint against her husband and the accused-appellants (parents-in-law and two others) u/s. 498A IPC and s.4 of the Dowry Prohibition Act – Magistrate summoned the accused-appellants as well as the husband of the complainantsecond respondent – Accused-appellants filed application to dispense with their physical appearance in the case – Application rejected by the Magistrate u/s. 205 – Order of the Magistrate challenged u/s.482 before the High Court, which was dismissed – On appeal, held: The observation of the High Court that the accused-appellants have filed application u/s. 205 at a subsequent stage after appearing before the Court is factually incorrect – Application u/s. 205 was filed by the accused-appellants prior to the appearance in the Court – The grant of exemption from personal appearance in the Court on each and every date was required to be considered in view of the fact that application was filed much before their appearance in the Court – Further, Magistrate had not rejected the application on the ground that application is not entertainable after appearance of the accused-appellants before the Court – The views of the High Court for rejecting the application were unfounded – On the other hand Magistrate also, while rejecting the application, failed to consider the actual grounds given by the accusedappellants for seeking exemption – In application the grounds were that appellant no.1, father of complainant’s husband, appellant no.2 (wife of appellant no. 1), appellant no.3 and 4 were residing at Pune – The distance between residence of the accused-appellants and the place of trial at Patna is 1750 kms – Taking into consideration the entire facts and circumstances and the grounds taken by the appellants in their application u/s. 205 and s.482, sufficient grounds were made out for granting exemption from personal appearance of the accused-appellants in the trial – Penal Code, 1860 – s. 498-A – Dowry Prohibition Act, 1961 – s.4. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2018 INSC 239 |
Petitioner | Sri Rameshwar Yadav And Ors. |
Respondent | The State Of Bihar And Anr. |
SCR | [2018] 4 S.C.R. 1055 |
Judgement Date | 2018-03-16 |
Case Number | 387 |
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