Niyam v2 is live — start for just ₹100 — 200 credits to try

april 2008

Supreme Court of India · 2008-04-08

KEYA MUKHERJEE vs MAGMA LEASING LIMITED

Citation / case number
SC 2007/21369
Court
Supreme Court of India
Petitioner
KEYA MUKHERJEE
Respondent
MAGMA LEASING LIMITED
Author
ARIJIT PASAYAT
Bench
P. SATHASIVAM DR. ARIJIT PASAYAT

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, given that the appellant had been allowed representation under Section 205 Cr.P.C. The Court emphasized that the discretion of the Magistrate to allow such exemption should consider the circumstances of the case. The appeal was allowed, and the orders of the lower courts were set aside, permitting the appellant to be represented without personal appearance during the examination under Section 313 Cr.P.C.

KEYA MUKHERJEE vs MAGMA LEASING LIMITED · Niyam