S. 205 CrPC | No Strict Bar For Dispensation Of Personal Attendance Of Accused In Cases Under SC/ST Act: Orissa High Court

The Orissa High Court has recently clarified that there is no strict statutory embargo barring dispensation of personal attendance of accused under Section 205 of the CrPC in cases involving offences under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.While setting aside a trial Court order disallowing application of the appellants seeking dispensation of personal appearance, the Single Bench of Justice Aditya Kumar Mohapatra held –“It is not a fact that such applications are not allowed or that there is any statutory bar in exercise of such power in a case involving the offence under the provisions of S.C. & S.T. (PoA) Act.”Case BackgroundThe appellants, working as the employees of TP Northern Odisha Distribution Ltd. (TPNODL), were accused of committing offences under the SC & ST (PoA) Act. They had filed an application under Section 205, CrPC seeking dispensation of personal attendance in Court as they being public servants of an electricity distribution company, their presence in workplace was necessary in public interest.However, the Special Judge (SC & ST), Balasore did not find merit in such application for which she rejected the prayer. Being aggrieved, they brought the matter to the High Court in appeal under Section 14-A of the SC & ST (PoA) Act.Contentions It was submitted on behalf of the appellants that their presence is required to ensure supply of electricity incessantly. However, due to their implication in the present case, they are required to attend the court every now and then, which is causing a great deal of difficulties in attending their official work. It was further averred that the trial Court erroneously rejected the application holding that the trial is to be conducted under Chapter XVII of the CrPC and that in the event the application is allowed, the identities of the accused are likely to remain unascertained. It was contended that denial of benefit to the appellants under Section 205, CrPC is an affront to the spirit of law.Court's ObservationsAfter perusing the impugned order, the Court prima facie held it to be too harsh and not in conformity with law. It further held that the power conferred under Section 205 Cr.P.C. is a discretionary power whereunder the trial Court can exempt the personal appearance of the accused persons in appropriate cases.“This Court on a combined reading of the provisions contained in the Code of Criminal Procedure as well as the S.C. & S.T. (PoA) Act is of the considered view that there exists no embargo in exercise of power conferred by Section 205 Cr.P.C.in trials involving S.C. & S.T. (PoA) Act,” it held.Further, it observed that the appellants being employees of a public utility company involved in the distribution of electricity to the public, their repeated appearance in Court would cause wastage of time, which is likely to affect the electricity distribution work thereby causing inconvenience to the public living in the locality.“Moreover, the provision in the shape of 205 Cr.P.C. has been incorporated in the Statute to prevent unnecessary harassment caused to accused particularly when such accused is a public servant. Moreover, Section 205 Cr.P.C. takes care of a scenario where the accused fails to appear,” it added.Accordingly, the impugned order was held to be unsustainable in the eyes of law.Case Title: Anup Ghosh @ Anup Kumar Ghose & Ors. v. State of OrissaCase No: CRLA No. 184 of 2024Date of Judgment: January 16, 2025Counsel for the Appellants: Mr. Prasanta Kumar Tripathy, AdvocateCounsel for the Respondent: Mr. M.R. Patra, Additional Standing CounselCitation: 2025 LiveLaw (Ori) 9Click Here To Read/Download Order

S. 205 CrPC | No Strict Bar For Dispensation Of Personal Attendance Of Accused In Cases Under SC/ST Act: Orissa High Court

Jyoti Prakash Dutta

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