C. MAHESH KUMAR Vs. SHAMBU GOWDA

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and perused the records.

(2.) THE petitioner has approached this Court for setting aside the orders dated 11.8.2014 and 12.9.2014 passed in CC. No. 291/2012 by the Additional JMFC, Shimoga, by issuing NBW against the accused in spite of the learned counsel for the accused appearing and filing the application under Section 205 of Cr.P.C. for the exemption of the accused to appear before the Court.

(3.) WHAT are the reasons assigned by the accused in the said application and how they were not satisfactory is not at all stated and discussed by the learned Magistrate. He has simply rejected the application without considering the contents of the application. Further, added to that, the learned counsel for the petitioner brought to my notice that at the first instance in all the criminal cases the Court has to issue summons to secure the presence of the accused and for the purpose of issuance of warrants, the Court has to appreciate the materials on record and should carefully examine whether the warrants are required to be issued to secure the presence of the accused.