In Brief
The appellant, a retired Army officer and his family members, sought exemption from personal appearance in a criminal case under Section 205 of the Code of Criminal Procedure, citing distance of residence (1,750 km from Patna) and personal circumstances. The Magistrate rejected this on irrelevant grounds. The High Court dismissed the appeal on a new legal principle—that such applications can only be made at first appearance—without addressing the merits. The Supreme Court held that the Magistrate must consider the actual grounds raised and that applicants may file for exemption even after appearance, if the application was filed prior to that appearance. The appeal was allowed and the exemption granted.
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