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april 2008

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.

Keya Mukherjee vs Magma Leasing Limited & Anr · Niyam