Patna High Court - Orders
Rakesh Asthana & Anr. vs State Of Bihar & Anr on 4 July, 2014
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41481 of 2013
Arising Out of PS.Case No. -2346 Year- 2008 Thana -PATNA COMPLAINT CASE District-
PATNA
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1. Rakesh Asthana, son of Late Vishwanath Prasad Asthana, Resident of
J/124, M.I.G. Colony, P.S. - M.I.G. Thana Indore, District - Indore, A/P
Director, M/s Sun Shine Personal Care Pvt. Ltd. 21/1, Sneh Lataganj, P.S.
M.G. Road, District - Indore (M.P.)
2. Pankaj Bhatnagar @ Pankaj Bhatnagar, son of Late Suresh Narayan
Bhatnagar Resident of 15 Vaibhav Nagar - A, P.S. - Kanadia, Thana,
District -Indore, Ex-General Manager, M/s Sun Shine Personal Care Pvt.
Ltd. 21/1, Sneh Lataganj, P.S. - M.G. Road, District - Indore (M.P.)
.... .... Petitioners
Versus
1. The State Of Bihar
2. Lalan Prasad (L.P. Sinha) Son Of Late Baleshwar Prasad Manager M/S
K.K. Sales C/O Dr. M.K. Sahani, Shivpuri, P.S. - Shastri Nagar, District -
Patna - 800023
.... .... Opposite Parties
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Appearance :
For the Petitioners : Mr. S.N.Verma, Advocate
For the Opposite Party No.1: Mr. Md. Aslam Ansari, APP
For the Opposite Party No.2: Mr. J.P.Singh, Advocate
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
6 04-07-2014Heard the counsel for the petitioners, State and for the opposite party no.2.
The petitioners are the Director and the General Manager of M/s Sun Shine Personal Care Pvt. Ltd. and both of them are based at Indore. The present application has been filed challenging the orders passed by the original Court as well as the revisional Court, whereby the prayer made on their behalf for exempting their personal appearance under Section 205 of the Code of Criminal Procedure has been rejected and sustained by Patna High Court Cr.Misc. No.41481 of 2013 (6) dt.04-07-2014 2/3 the revisional Court.
The dispute between the parties appears to be one of a civil nature, where on the assurance of the petitioners, the opposite party no.2 agreed to become a consignment sales agent. As per the promises doled out to the complainant-opposite party no.2, no commission was paid to him. The petitioners prayed for exempting their personal appearance before the Court below on the grounds that since the case is of civil nature and they, being the senior functionaries of the company, have to move out of the station quite often, therefore, it was not possible for them to appear personally before the Court trying the case. Both the Courts rejected such a prayer on the ground that since the petitioners are moving from one place to another in course of discharge of their official function and are not old, infirm and ailing, therefore, no exemption is required.
The law with regard to Section 205 of the Code of Criminal Procedure is very clear. The power to grant exemption from personal appearance though is discretionary, but it has to be exercised judiciously, after examining the genuineness of the grounds taken by the accused persons. The fact that the case is of civil nature and the petitioners undertake to represent themselves through a counsel, it would be in the interest of justice, and only Patna High Court Cr.Misc. No.41481 of 2013 (6) dt.04-07-2014 3/3 proper to allow such an exemption.
In the circumstances, the learned Court below is directed to exempt the petitioners from personal appearance after asking them to undertake that they would not dispute the identity so far as the particular accused is concerned and would not make any grievance when evidence would be recorded in their absence.
The application is thus allowed.
As stated above, the Court below is directed to grant exemption to the petitioners from personal appearance taking an undertaking from them.
(Ashutosh Kumar, J) Pawan/-
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