Law: Criminal Procedure Code (V of 1898)

Section: 540A

Criminal Procedure Code (V of 1898)--- ----S. 540-A---Trial in absence of accused---Words "before the court", as used in S. 540-A, Cr.P.C.---Connotation---Accused, during trial, in his presence moved an application for exemption from personal appearance before Trial Court which was dismissed---Validity---Held; words "before the court" could not be assigned the strict meaning of personal attendance of an accused before the court, because one of the necessary elements for attracting the jurisdiction of the court under S. 540-A, Cr.P.C. was that an accused could be represented by a pleader and the court could exempt an accused from personal appearance---Accused was present before the Trial Court at the time when the application for exemption from personal appearance was moved and now he had gone abroad for earning his livelihood after filing application before Trial Court---Rejection of his application would deprive him from earning livelihood---Revision petition was accepted andaccused was exempted from personal appearance. Haji Aurangzeb v. Mushtaq Ahmad and others PLD 2004 SC 160 fol. THIS ORDER PASSED BY: RAJA SAJJAD AHMAD KHAN, JUSTICE:---.--- The captioned revision petition has been directed against the order of Tehsil Court of Criminal Jurisdiction, Rawalakot dated 09.10.2017, whereby an application for exemption from personal appearance before the Court filed by accused-petitioner was dismissed. 2. Necessary facts for disposal of the revision petition are that case vide FIR No.08/2014 in offences under sections 447, 427, 34, A.P.C. and 14 of the Offences Against Property (Enforcement of Hudood) Act, 1985 was registered against the accused-petitioner and co-accused at Police Station, Rawalakot on 09.01.2014 on the complaint of Shoukat Mehmood. After necessary investigation challan against five accused persons was submitted before Tehsil Court of Criminal Jurisdiction, Rawalakot on 08.07.2014. During trial accused-petitioner in his presence moved an application under section 540-A, Cr.P.C. along-with copy of entry VISA of Saudi Arabia on 06.05.2017, for exemption from personal appearance before the Court which was dismissed vide impugned order dated…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492