'Minor Offence': Jharkhand High Court Exempts CM Hemant Soren From Personal Appearance In Case U/S 174 IPC

The Jharkhand High Court recently allowed Hemant Soren's application seeking exemption from personal appearance in a Section 174 IPC case, holding that his role as Chief Minister and the minor nature of the offence did not warrant requiring his personal attendance.A Single Judge Bench comprising Justice Anil Kumar Choudhary was hearing a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking to set aside the order of the trial court by which the petitioner's application under Section 205 of the Code of Criminal Procedure, 1973 (CrPC) for exemption from personal appearance had been rejected.It was argued on behalf of Soren that the offence under Section 174 of the Indian Penal Code is a minor offence, carrying a maximum punishment of one month, triable as a summons case, and bailable. Therefore, the personal appearance of the petitioner, who is the Chief Minister of Jharkhand, ought to have been dispensed with.The Enforcement Directorate submitted that it had no objection to the exemption sought, except that the petitioner must appear on the first date for furnishing his bail bond, and that the trial court may, at any stage of the proceedings, direct his personal appearance for any specific and unavoidable purpose.The High Court agreed with the petitioner and allowed the application. It held:“5. Having heard the rival submissions made at the Bar and considering the fact that the petitioner is the Hon'ble Chief Minister of the State of Jharkhand and is obviously having a number of pressing engagements in connection with the office he is holding as well as the fact that the offence involved in this case is a minor offence punishable under Section 174 of the Indian Penal Code, the order dated 23.11.2024 passed by the learned Special J.M.F.C. MP/MLA Court, Ranchi in MCA No.4921 of 2024 in connection with MP/MLA Case No.02 of 2024 arising out of Complaint Case No.3952 of 2024 is modified and the petitioner is directed to appear before the Special J.M.F.C. MP/MLA Court, Ranchi on 06th of December, 2025 at 2:00 PM and his personal appearance on all the future dates to which the MP/MLA Case No.02 of 2024 arising out of Complaint Case No.3952 of 2024 will be fixed, is dispensed…”Cause Title: Hemant Soren v. Directorate of EnforcementCase Number: Cr. M.P. No. 3316 of 2024Appearance: Mr. Arunabh Choudhary and Mr. Deepankar appeared for the Petitioner. Mr. Amit Kumar Das, Mr. Zoheb Hossain, Mr. Varun Girdhar, and Mr. Manmohit Bhalla appeared for the Respondent.Click Here To Read/Download Order

'Minor Offence': Jharkhand High Court Exempts CM Hemant Soren From Personal Appearance In Case U/S 174 IPC

Rushil Batra

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