Supreme Court of India · 2008-04-08
Keya Mukherjee vs Magma Leasing Limited & Anr
- Citation / case number
- AIR 2008 SUPREME COURT 1807
- Court
- Supreme Court of India
- Petitioner
- Keya Mukherjee
- Respondent
- Magma Leasing Limited & Anr
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, P. Sathasivam
Judgment text excerpt
The Supreme Court held that the rejection of the appellant's prayer for exemption from personal examination under Section 313(1)(b) of the Code of Criminal Procedure, 1973, was erroneous, as the discretion granted to the Magistrate under the proviso should have been exercised in favor of the appellant, especially since she was permitted representation under Section 205 Cr.P.C. The Court emphasized that the timing of the exemption request should not be a ground for rejection, thereby allowing the appeal and setting aside the High Court's order.