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On August 29, 2019 the petitioner no. 1 company received the summons issued by the Ld. Metropolitan Magistrate, 9th Court, Calcutta at its registered office in Taipei, Taiwan.

On 07.11.2019 separate applications on behalf of Accused no. 1 (HTC Taiwan) and accused no. 2 (HTC India, petitioner no. 1 herein) were filed under Section 305 Cr.P.C. and for accused no. 3 & 6 to 8 (petitioners no. 2 to 5) were filed under Section 205, Cr.P.C. before the Ld. Metropolitan Magistrate seeking exemption from personal appearance. The case was adjourned to 13.01.2020.

On 13.01.2020 the complaint case C/28190/2019 was again listed before the Ld. Metropolitan Magistrate when fresh separate applications under Section 305 Cr.P.C. and Section 205 Cr.P.C. seeking exemption from personal appearance were filed on behalf of all accused persons.

On the said date, the Ld. Metropolitan Magistrate rejected the applications for exemption and issued warrants of arrest against the petitioners. The case was adjourned to 05.03.2020.

On 14.12.2021 the complaint case C/28190/2019 was listed before the Ld. Metropolitan Magistrate. On this date the Ld. Magistrate, in light of the order dated 13.01.2020 issued warrants of arrest against the petitioners and other accused persons in the complaint case.

Heard the counsels at length. Perused the materials on record. Considered.

Section 205 Cr.P.C. lays down:-

"205. Magistrate may dispense with personal attendance of accused.

(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader.

(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided."

Section 305 Cr.P.C. lays down:-

"305. Procedure when corporation or registered society is an accused. Right of person against whom proceedings are instituted to be defended."

Section 317 Cr.P.C. lays down the prosecution for inquiries and trial being held in the absence of accused in certain cases.

By the order dated 11.05.2022, the Magistrate, in C-28190 of 2019 rejected the application under Section 205 Cr.P.C. and issued warrant of arrest against the accuseds with the findings:-