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Madhya Pradesh High Court · body

2014 DIGILAW 1450 (MP)

Guddi Bai v. State of M. P.

2014-11-11

B.D.RATHI

body2014
ORDER 1. With the consent of learned counsel for the parties, matter is heard finally. 2. This application under section 482 of the Code of Criminal Procedure has been preferred being aggrieved by the order dated 19.7.2013 passed by JMFC Kurwai, District Vidisha in Criminal Case No.108/2010 and the same was affirmed by the order dated 23.8.2014 passed by II Additional Sessions Judge, Vidisha (M.P.) in Criminal Revision No.104/2011 whereby application filed by the applicants under section 205 of CrPC for permanent exemption from appearance during the course of trial was rejected. 3. This application has been preferred invoking inherent jurisdiction of this Court under section 482 of CrPC for the following relief: “By allowing this petition, the orders of both the Courts below be set aside and the personal appearance of the applicants before the trial Court be exempted permanently.” 4. As per the petitioners’ case, trial is being faced by them for the offence punishable under section 498A/34 of IPC. Applicant No1. Guddi Bai is a blind lady having the age of 60 years. She is unable to attend the Court proceedings because the trial Court is situated on the first floor and it is quite difficult for her to make ascent and descent on the stairs. Applicant No.2 Chandabai has got married recently and resides in another village, namely, Hinotia. Therefore, it is very uncomfortable for her to attend the Court proceedings in Kurwai frequently by leaving her old mother-in-law and father-in-law alone in her matrimonial house. 5. In the aforesaid factual matrix, both the applicants preferred an application under section 205 of CrPC before the trial Court but it was rejected by the trial Court and affirmed by the revisional Court. 6. It is submitted by Shri Jain, learned counsel appearing on behalf of the petitioners, that the grounds raised by the applicants before the trial Court for their permanent exemption of appearance before the trial Court are genuine, bona fide, therefore, their application ought to have been considered. It is also submitted by Shri Jain that the said grounds for their permanent exemption from appearance before the trial Court raised by the applicants are sufficient. Neither these grounds have been challenged anywhere nor has any evidence in rebuttal been made by the State. 7. It is also submitted by Shri Jain that the said grounds for their permanent exemption from appearance before the trial Court raised by the applicants are sufficient. Neither these grounds have been challenged anywhere nor has any evidence in rebuttal been made by the State. 7. Learned Panel Lawyer supported the orders passed by the Courts below, opposed the prayer made by the learned counsel for the applicants and submitted that the petition be dismissed. 8. As per the rule of jurisprudence, the trial should be in the presence of the accused persons. In trivial and technical cases and in the cases where accused are ladies, old and sick persons or daily wager earners and industrialists, discretion should be liberally exercised for granting permanent exemption. Similarly, discretion can be used in favour of the accused persons where offence is not heinous in nature. In this case also applicant No.1 is a blind lady being 60 years of age and the applicant No.2 is the newly wedded lady who resides in a distant village. Moreover, the offence is also not heinous in nature. 9. Having heard learned counsel for the parties and after taking into consideration the pleadings made in the application preferred under section 205 of CrPC before the trial Court, this Court is inclined to allow the petition and accordingly it is allowed. Impugned orders are set aside. Personal appearance of the applicants before the trial Court is hereby exempted permanently with a condition that both the applicants shall ensure their personal presence before the trial Court through their counsel and shall appear before the trial Court as and when required by it. 10. A copy of this order be sent to the trial Court for necessary compliance.