AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
Judges
Acts
  • section 320 cr. P. C. Further section 313
  • provisions of sections 205, 215, 313, 317
  • section 313 (1) (b) of the code
  • sections 251 and 313 (1) (b)
  • section 313 of the code
  • section 251 cr. P. C. (9)
  • section 251 cr. P. C." (8)
  • section 313 (1) (b)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
Judges
Acts
  • section 320 cr. P. C. Further section 313
  • provisions of sections 205, 215, 313, 317
  • section 313 (1) (b) of the code
  • sections 251 and 313 (1) (b)
  • section 313 of the code
  • section 251 cr. P. C. (9)
  • section 251 cr. P. C." (8)
  • section 313 (1) (b)
Smart Summary

Structured Summary of the Provided Legal Opinion

Factual and Procedural Background

The petitioners (referred to as A6 and A7) are respectively the managing director of News Today Pvt. Ltd. and the chief editor of Eenadu daily newspaper. They were charged in C.C. No. 261/97 on the file of the J.F.C.M., Nalgonda, with an offence punishable under Section 500 of the Indian Penal Code for the publication of a news item in Eenadu dated 20-11-1997. The prosecution proceeded on the basis of a private complaint by Mr. V. V. Rajam, Deputy Conservator of Forests, Nalgonda district.

After the case was taken on file, the petitioners and other accused filed applications under Section 205 Cr.P.C. seeking dispensation of their personal attendance on grounds including business travel and organizational responsibilities. The magistrate, in an elaborate order considering superior court pronouncements, dispensed with the personal attendance of the petitioners but directed that they appear in court personally for examination under Section 251 Cr.P.C. and to explain incriminating circumstances at the time of examination under Section 313 Cr.P.C. The petitioners challenged that portion of the magistrate's order by filing the present miscellaneous petitions (Crl. M.P. Nos. 2245/97 and 2246/97; one petitioner is also referred to in Crl. Mp. 4424/97).

Legal Issues Presented

  1. Whether, in a summons-case where the magistrate has dispensed with the personal attendance of the accused under Section 205 Cr.P.C., the magistrate may nevertheless require the accused's personal attendance for examination under Section 313(1)(b) Cr.P.C.?
  2. Whether the accused must personally appear for examination under Section 251 Cr.P.C. and Section 313 Cr.P.C. in a summons-case, or whether a pleader/special vakalat holder may appear in their stead?
  3. How the proviso to Section 313(1)(b) of the new Code (introduced after the 1973 changes) affects the magistrate's discretion in summons-cases where personal attendance has already been dispensed with.

Arguments of the Parties

Petitioners' Arguments

  • The petitioners are busy newspaper executives (managing director and chief editor) whose headquarters and business require travel, making personal attendance for every adjournment impractical; they sought dispensation under Section 205 Cr.P.C. and representation by a special vakalat holder.
  • They relied on prior case law (including Raja Dhanrajgirigichela v. Dherwangir and others) to support the proposition that personal attendance is not required for the examination under Section 251, and that under the new Code and specifically the proviso to Section 313(1)(b), a court may dispense with personal attendance for examination in a summons-case.
  • They cited authority (Rattan Singh; Chandu Lai Chandraker) emphasizing both the utility of Section 313 examination and the circumstances in which an accused need not personally appear—particularly where the accused states he will not raise prejudice for non-examination.

Respondent's Arguments

  • The respondent relied on Bibhuti v. State of West Bengal (AIR 1969 SC 381), arguing that even where personal attendance is dispensed with, a pleader cannot represent the accused for the purpose of examination under Section 342 of the old Code (analogous to Section 313 of the new Code), except in limited circumstances (e.g., company/juridical person or where examination is not necessary or not possible).
  • The respondent's contention, as characterized in the opinion, was that while a special vakalat holder may appear at other stages, the accused alone must be examined at the stage comparable to Section 342/313 after trial completion.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Raja Dhanrajgirigichela v. Dherwangir, 1976 ALT 34 The object of Section 251 Cr.P.C. is to apprise the accused of particulars and to inquire whether he pleads guilty; a pleader duly authorized may appear in the accused's place at the stage of Section 251. The court relied on this authority to conclude that the accused need not personally attend for examination under Section 251 Cr.P.C.
Rattan Singh v. State of H.P., (1977) 4 SCC 161 Examination under Section 313 is not a mere formality; answers are of practical utility and assist the court in appreciating evidence. The court acknowledged the utility of Section 313 examination but considered the statutory proviso in the new Code allowing dispensation in summons-cases; it used the principle to frame how the proviso should be applied (i.e., non-mandatory presence in summons cases under certain conditions).
Chandu Lai Chandraker v. Puran Mai & Anr., 1988 Supp. SCC 570 Where the accused states he will not answer questions under Section 313 and undertakes not to raise prejudice from non-examination, it may not be necessary for him to appear for making a statement under Section 313. The court treated this holding as supporting the proposition that a court may allow non-appearance for Section 313 examination if the accused gives an undertaking not to claim prejudice later.
Bibhuti v. State of West Bengal, AIR 1969 SC 381 Under the old Code (warrant case, Section 342), if the magistrate dispensed with personal attendance, a pleader still could not represent the accused for purpose of examination under Section 342, except in narrow circumstances. The court considered and distinguished this authority on the basis that it related to a warrant case under the old Code; the court therefore did not treat it as controlling for the present summons-case under the new Code and its proviso to Section 313(1)(b).

Court's Reasoning and Analysis

The court examined the statutory framework — especially Sections 205, 251, 252, 253, 313, 317 and 320 Cr.P.C. — to determine whether the magistrate was justified in directing the petitioners to personally attend for examination under Sections 251 and 313 after having dispensed with their personal attendance under Section 205.

Key points of the court's analysis:

  1. Section 205 allows a magistrate to dispense with personal attendance after issuance of summons if satisfied that personal attendance is unnecessary; the magistrate may later direct personal attendance in his discretion.
  2. Section 251 requires the magistrate, when the accused appears pursuant to summons, to state the gist of allegations and ascertain whether the accused pleads guilty; the section is not intended to require a formal charge at that stage.
  3. Section 313(1)(b) requires the magistrate to explain incriminating circumstances from witness evidence to the accused and question him, but the proviso to Section 313(1)(b) (introduced in the new Code) provides that in a summons-case where personal attendance has been dispensed with, the court may also dispense with the accused's examination under clause (b).
  4. The court cited Raja Dhanrajgirigichela to show that a pleader may represent the accused at the Section 251 stage and used Rattan Singh and Chandu Lai Chandraker to articulate the balance between the utility of Section 313 examination and circumstances where personal attendance is not necessary if the accused undertakes not to claim prejudice from non-examination.
  5. The court distinguished Bibhuti, noting it involved a warrant case under the old Code (Section 342) and therefore was not directly controlling for a summons-case under the new Code with the newly inserted proviso to Section 313(1)(b).
  6. Combining the statutory proviso and the authorities cited, the court concluded that once personal attendance is dispensed with under Section 205 in a summons-case, it is within the magistrate's discretion to dispense with the accused's presence for examination under Section 313(1)(b); presence is not strictly mandatory.

On this basis the court found that the magistrate erred in directing the petitioners to appear personally for examination under Sections 251 and 313(1)(b).

Holding and Implications

Holding: The court set aside the magistrate's direction requiring the petitioners to personally appear for examination under Sections 251 and 313(1)(b) and allowed the miscellaneous petitions. The court directed the magistrate to proceed with the enquiry without insisting on the personal attendance of the accused.

Implications: The direct effect is that the petitioners (A6 and A7) are not required to attend personally for examination under Sections 251 and 313(1)(b) given the dispensation of personal attendance under Section 205 in this summons-case; the magistrate must continue the enquiry without insisting on personal presence. The opinion does not state that it establishes a new, broader precedent beyond applying the proviso to Section 313(1)(b) in the present context, and the court distinguished older authority that arose under the old Code and in warrant cases.

    Ramoji Rao Versus V. v. Rajam, Deputy Conservator Of Forests, Nalgonda

    (1) The petitioner a6 and 7 in c. C. No. 261/97 on the file of j. F. C. M. , nalgonda charged with an offence punishable under section 500 i. P. C. , filed the present petitions aggrieved by the orders of the additional j. F. C. M. , at bhongir in crl. M. P. Nos. 2245/97 and 2246/97, dated 11 - 09 - 1997 in so far the order went against his interest with a request to quash that portion of the order.

    (2) The brief facts of the case are that the petitioner a6 is the managing director, news today, and a7 is the chief editor of eenadu daily newspaper, eenadu compound, somajiguda, hyderabad. They are charged for an offence punishable under section 500 i. P. C. For the publication of a news item in eenadu daily newspaper dated 20 - 11 - 1997 under the caption "teand "3/32" s> $w", along with the persons who alleged to have been given the said statement on the basis of the private complaint given by one mr. V. V. Rajam, deputy conservator of forests, nalgonda district. After the case was taken on file, the petitioners herein and also some other accused filed applications under section 205 cr. P. C. Seeking dispensation of their personal attendance by giving various reasons. As far as the petitioner in crl. Mp. 4424/97 is concerned, it is his case that he is the chief editor and publisher of eenadu telugu news daily and newstime and managing director of news today private limited. As his company's headquarters is at hyderabad and as they are expected to travel length and breadth of the country in connection with the business affairs of the company, it may not be possible for him to attend every adjournment of the case and he may be represented by a special vakalat holder. Same is the case of the petitioner in crl. Mp. 4424/97. The magistrate in an elaborate order considered various pronouncements of the superior courts and ultimately having found justification in their claim, while dispensing with the personal attendance of the petitioners directed them to appear in court in person for examination under section 251 cr. P. C. And also to explain the circumstances incriminating against them at the time of examination under section 313 cr. P. C. As and when required. Questioning the operation of the said order the present miscellaneous petitions are filed.

    (3) To appreciate the contention of the petitioners we have to look into the provisions of sections 205, 215, 313, 317 apart from 320 cr. P. C.

    (4) Under section 205 (1) , after issuance of the summons, if the magistrate is satisfied that the personal attendance of the accused is not necessary he may dispense with his personal attendance and the accused may appear by his pleader. Under sub - section (2) at any stage of the proceedings, the magistrate in his discretion is empowered to direct the personal attendance of the accused and if necessary is empowered to enforce such attendance in the manner prescribed thereafter. Under section 251 cr. P. C. , as and when the accused appears in the court pursuant to the summons issued by the magistrate, the magistrate is expected to inform the gist of the allegations against him and should ascertain from the accused whether he pleads guilty or has any defence to make and at that stage it is not necessary to frame a formal charge. Under section 252, if the accused pleads guilty, the magistrate is empowered to convict him in his discretion. Under section 317, the magistrate/judge either on an application filed by the accused or suo motu is empowered to dispense with the personal attendance of the accused at any stage of the enquiry or trial under cr. P. C. For reasons to be recorded or in the event the accused persistently disturbs the proceedings of the court, if he is represented by a pleader. Again at the discretion of the magistrate at any subsequent stage of the proceedings he may direct the personal attendance of the accused. Under section 253, in petty cases after receipt of the summons the accused is given the liberty to plead guilty to the charge even without appealing before the magistrate by post or by messenger or by a letter contending his plea and also pay the amount of fine specified in the summons. Under sub - section (2) , on the basis of the information received from the accused, the magistrate is empowered to sentence him or direct him to pay the fine specified in the summons.

    (5) Under section 313 (1) (b) , after the witnesses for the prosecution have been examined and before the accused is called on for his defence, shall explain the incriminating circumstances that were brought on record from the evidence of the witnesses and question the accused generally on the case. Proviso to section 313 (1) (b) , which is relevant to decide the issue on hand and which was introduced in the new act for the first time is extracted hereunder:

    "provided that in a summons - case, where the court has dispensed with the personal attendance of the accused, it may also dispense with his examination under clause (b)."

    (6) From the above provisions, it is seen while under section 251, the magistrate is expected generally to state the gist of the allegations levelled against him on his appearance after the receipt of the summons to find out whether he pleads guilty or not, but he is not expected to do anything except posting the case for trial in the event the accused pleads not guilty. Under section 313 (1) (b) , the magistrate will question the accused with reference to the incriminating circumstances that came on record so that he will not raise the question of prejudice, if any, caused to him on account of his non - examination at a subsequent stage of trial, in appeal or in revision.

    (7) As far as the examination of the accused under section 251 is concerned, this court in raja dhanrajgirigichela v. Dherwangir, 1976 alt 34 held as follows :

    "the object of the section is merely to appraise the accused of the particulars of the offence and to just enquire from him whether he pleads guilty or if he has any defence to make. It is difficult to construe how the object of the section is defeated if a pleader duly authorised by the accused appears before the court in the place of the accused at the stage of section 251 cr. P. C."

    (8) From this it is evident that the accused need not personally attend the court for examination under section 251 cr. P. C.

    (9) Coming to examination under section 313 cr. P. C. , the learned judge in the same judgment referred to the changes brought in the new act that came into force in 1973 by referring to proviso to section 313 (1) (b) under which the magistrate is empowered to dispense with the presence of the accused even at the stage of examination of the accused after completion of the trial in a summons case, observed in the following terms:

    "moreover the provisions of the new code, are more liberal to the accused persons in petty - cases, or summons - cases. Section 206 provides for special summons in cases of petty offences requiring the accused to appear in person or by pleader or even to plead guilty to the charge and transmit the plea in writing by post or by messenger. Section 313, which is a substitution for the old section 342, contains an additional proviso not contained in the previous code. Under this proviso, the court is empowered to dispense with the compulsory examination of the accused under clause (b) of section 313, if the case in question is a summons case and the court has dispensed with the personal attendance of the accused under section 205 (1)."

    The petitioner also relied on a judgment in rattan singh v. State ofh. P. , (1977) 4 scc 161 in which their lordships held as follows :

    "examination of the accused under section 313 of the code is not a mere formality. Answers given by the accused to the questions put to him during such examination have a practical utility for criminal courts. Apart from affording an opportunity to the delinquent to explain incriminating circumstances against him, they would help the court in appreciating the entire evidence adduced in the court during trial."

    The petitioner also relied on chandu lai chandrakerv. Puran mai and another, 1988 supp. Scc 570, wherein their lordships of the supreme court held that:

    ". That the appellant does not want to answer any of the questions which are going to be put to him by the trial court under section 313 of the code of criminal procedure and he further states that he will not raise the question of prejudice, if any, caused to him on account of his non - examination at subsequent stage of trial, in appeal or revision. In view of this statement, we are of the opinion that it is not necessary for the appellant to appear before the trial court and high court, directing the appellant to appear before the trial court for making statement under section 313 of the code of criminal procedure."

    (10) Countering the arguments of the counsel for the petitioners, the counsel for the respondent relied on bibhuti v. State of west bengal, air 1969 sc 381, wherein the supreme court held that even in a case where the magistrate dispenses with the personal attendance of the accused, a pleader cannot represent the accused for purpose of examination under section 342 cr. P. C. Except where the accused is a company or a judicial person, or where the examination of the accused is not necessary under section 342, or not possible to examine the accused. In other words, his contention is that while the possibility of examining a special vakalat holder at other stages of the trial is permissible the accused alone has to be examined under section 342 after the completion of the trial.

    (11) Admittedly, their lordships of the supreme court were dealing with a warrant case under the old procedure code. But, in the instant case, the petitioner was charged with an offence punishable under section 500 cr. P. C. , which is a summons case apart from being compoundable under section 320 cr. P. C. Further section 313 of the new code was introduced in place of section 342 of the old code. In this section the proviso which was extracted above was introduced for the first time and the same did not come up for consideration either before this court or before the supreme court. The proviso to section 313 (1) (b) clearly states that if the case is a summons case and the court has dispensed with the personal attendance of the accused, it may also dispense with his examination under section 313 (1) (b).

    (12) From this it is evident that when once the presence of the accused is dispensed with under section 205 cr. P. C. , it is open for the magistrate in his discretion to dispense with the presence of the accused for examination under section 313 (1) (b) of the code as the presence of the accused is not a mandatory one. In fact, their lordships of the supreme court while explaining the utility and purpose of the examination of the accused under section 313 categorically stated that if the petitioner states that he will not raise the question of prejudice, if any, caused to him on account of his non - examination under section 313 of the code, at a subsequent stage of the trial or in appeal or in revision, the accused need not appear before the court even in a warrant case.

    (13) From the judgment of the supreme court and the language used in the proviso to section 313 (1) (b) cr. P. C. It can be safely presumed that in a summons case, the presence of the accused need not be insisted by the magistrate even for examination under section 313 (1) (b) of the code provided he gives an undertaking that he will not raise the question of prejudice, if any, caused to him on account of his non - examination under section 313 of the code, at a subsequent stage of the trial or in appeal or in revision. Apart from all these things the accused is charged with an offence punishable under section 500 cr. P. C. Which is compoundable under section 320 of the code.

    (14) For all these reasons, i hold that the magistrate erred in directing the petitioners to appear for examination under sections 251 and 313 (1) (b) and the order to that extent is set aside and these crl. M. Ps are allowed.

    (15) The magistrate is directed to proceed with the enquiry without insisting for the personal attendance of the accused.

    Use AI to get other relevant cases.

    Comments

    Ramoji Rao Versus V. v. Rajam, Deputy Conservator Of Forests, Nalgonda
    (Oct 28, 1997)