Section 317 of the Criminal Procedure Code gives power to the court to exempt the personal appearance of the accused where the court is satisfied that the personal attendance of the accused before the Court is not necessary in the interests of justice, etc. Section 205 Cr.P.C. may also be relevant in this regard.
In the facts stated by you, it would perhaps have been in the interests of justice to dispense with your personal attendance in the court for the time being at least. In consultation with your lawyer, you may consider challenging the order of the Magistrate before the high court under Section 482 of the Cr.P.C., since no regular appeal / revision appears to be lying against such order, it being an interlocutory order.
Section 317 of the Cr.P.C. is reproduced as under:
“317. Provision for inquiries and trial being held in the absence of accused in certain cases.—(1) At any stage of an inquiry or trial under this Code, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in Court, the Judge or Magistrate may, if the accused is represented by a pleader, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.
(2) If the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately.”
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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