SUDHIR AGGARWAL Vs. STATE

JUDGEMENT

(1.) Crl M.A. 7092/2004 (Exemption) in Crl. M.C. 2153/2004: Allowed subject to all just exceptions. Crl. M.C. 2153/2004 and Crl. M.A. 7091/2004: By this petition under Section 482, Cr.P.C. petitioner is seeking quashing of proceedings emanating form case FIR No. 459/99 dated 3.7.1999 under Sections 295A/292/120B/121A, IPC read with Sections 6/7 of Indecent Representation of Women (Prohibition) Act, 1986, PS Ashok Vihar.

(2.) Learned Counsel for petitioner submits that the allegations against the petitioner is totally false and there is no material against him to connect him with the alleged crime. Petitioner is residing at Arera Colony Bhopal (M.P.); that petitioner has appeared before the Court on number of dates; that arguments on charge have till date not been heard for the last several years. He states that petitioner is represented by a Lawyer, whose power of attorney is on record, who has full instructions in the case; that the personal presence of the petitioner on each and every date of hearing is not required. Learned Counsel further submits that in view of the same, suitable directions are prayed for directing the learned Trial Court to exempt the presence of the petitioner pending final orders on the arguments of charge.

(3.) In view of the submissions made by learned Counsel for petitioner, petitioner is directed to move an application for exemption on the next date of hearing and if the above conditions are satisfied, the learned Trial Court shall consider exemption applicable favourably. Petition stands disposed of. Dasti. Petition disposed of.