Supreme Court · 1968 INSC 241 · Decided 16 September 1968
Bibhuti Bhusan Das Gupta and ANR. v. State of West Bengal
- Court
- Supreme Court of India
- Citation
- 1968 INSC 241 · [1969] 2 S.C.R. 104
- Case number
- CRIMINAL APPEAL No. 73/1966
- Decided
- 16 September 1968
- Bench
- S.M. SIKRI, R.S. BACHAWAT, K.S. HEGDE (3-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 500, 501, 499; CrPC Section 342, 205; Constitution
Headnote
Code of Criminal Procedure-Section 342-Pleuder if can be exa­ . n1ined on behalf of accused-Mere non-examination of accused if vitiates trio!. In a defamation case, at the instance of the accused his personal appearance was dispensed with by the Magistrate under s. 540-A Cr. P.C. His advocate On. the questions : (i) whether the pleader can represent the accused for purposes of s. 342 and whether the examination of the pleader in :place of the accused is sufficient compliance with ther section in a case where the Magistrate has dispensed with the JX'rsonal attendance of the
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