Patna High Court - Orders
Lakhan Lal Sao & Ors vs State Of Bihar on 19 September, 2008
IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. REV. No.983 of 2007
LAKHAN LAL SAO & ORS
Versus
STATE OF BIHAR
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For the Petitioners : Mr. Sandeep Kumar, Adv.,
For the State : Mr. Gopesh Kumar, APP.,
For the Opposite party : Mr. Ajit Kumar Singh, Adv.
4. 19.9.2008. This application has been filed against the order dated 17.7.2007 passed by Sr. M. K. Singh, Judicial Magistrate, Ist Class, Biharsharif (Nalanda) in Complaint Case No. 218(C)/2007 thereby the petition filed under Section 205 Cr.P.C. has been rejected.
Heard learned counsel for the both the parties at length.
It appears from the record that the case is based on complaint petition. Both the parties are members of Board of Director of M/s Shree Janki Cold Storage Private Ltd. Cognizance has been taken on the complaint petition under Sections 120(B),380, 467 and 468 of the I.P.C.
It is submitted on behalf of the petitioners that they are busy businessmen and some of the petitioners are also old and infirm. It is not possible for them to appear in the Court on each and every date.
On the other hand, learned counsel for opposite party vehemently opposed the prayer of the petitioners and submitted that several cases have been lodged against them and the allegations are also serious in nature.
Considered the submission of learned counsel for both -2- the parties and perused the entire record as well as the impugned order.
As stated above, the dispute is between the members of the Board of Directors of the cold storage and the case is also based on complaint petition. In complaint case, the dispensation of personal appearance of the accused under section 205 Cr.P.C. is a routine matter, if the offence is not of grievous nature. In this case, the offence also does not appear to be grievous against the petitioners.
Under the facts and circumstances, this application is allowed. Impugned order is hereby set aside. Learned Magistrate is directed to dispense with the personal attendance of the petitioners under Section 205 Cr.P.C. However, the petitioners are directed to appear before the court below whenever desired by the leaned magistrate in course of trial.
kanchan (Ghanshyam Prasad, J.)