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.