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Supreme Court of India 2018-03-16 allowed

Rameshwar Yadav & Ors vs State of Bihar & Anr

Bench: 2 — Ashok Bhushan

In Brief

Rameshwar Yadav and others challenged orders refusing them exemption from personal appearance in a dowry-related criminal case. The accuseds, residing 1,750 km away in Pune, had sought exemption citing distance, employment, and educational commitments. The High Court dismissed their petition on a procedural ground that exemption applications must be made at first appearance. The Supreme Court allowed the appeal, holding that such applications can be made at any stage and must be assessed on actual grounds presented. Since substantial distance and legitimate obligations were made out, and the spouse—whose presence mattered for conciliation—was not pressing the matter, exemption was justified. The Magistrate retained power to later direct appearance if necessary."

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Criminal Procedure Code of Criminal Procedure Dowry Prohibition Act Section 498A Personal Appearance Exemption from Appearance Domestic Disputes Conciliation

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