JAGDISH KUMAR DHONGARA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The accused/applicants have preferred this criminal revision under Section 397 read with Section 401 of the Criminal Procedure Code, being aggrieved by the order dated 22nd January, 2003, passed by the learned Special Judge, Durg, by which the learned Special Judge has not accepted the application under Section 317 of Cr.PC dispensing with the presence of the accused/applicants and summoned them through warrant.

(2.) The relevant facts, in brief, for the disposal of this criminal revision are that the applicants are facing a criminal case punishable under Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act and Section 120B of the IPC. The matter was fixed for evidence on 21-1-2003 and 22-1-2003. On that date as per the petition, the petitioner were not able to appear before the Court and presented an application under Section 317 of the Cr.PC. The same was rejected by the learned Trial Court and ordered for issuance of the warrant of arrest.

(3.) I have heard the learned Counsel for the accused/applicants and gone through the relevant order.