ARUN S GUPTA Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure for setting aside of the order dated 8th September, 2008 passed by the learned additional Chief Metropolitan Magistrate in the case titled D. G. C. E. I. vs. M/s. Parshwa Textiles Pvt. Ltd. .

(2.) HEARD the learned counsel for the petitioner and the learned counsel for the respondent No. 2, who have taken me through the orders of the learned trial court. A perusal of the said orders reveal that on 27th February, 2008, an application for exemption from personal appearance was filed by the accused, who was on bail on medical grounds and the accused was exempted from appearance on the said date and the case was adjourned to 10th July, 2008. On 10th July, 2008, another application for exemption from personal appearance was moved on behalf of the accused, which was supported by a medical certificated issued by dr. Palash Gupta. For reasons which are not clear from the order, the learned acmm rejected the said medical certificate and issued non-bailable warrants of arrest against the accused with notice to his surety under Section 446 Cr. P. C. for 11th August, 2008. On 11th August, 2008, the surety of the accused Smt. Premlata duly appeared and sought time for production of the accused. Again for reasons which are not very clear, the surety was not granted time to produce the accused. Significantly also, the father of the accused appeared on the very same day and also sought time for production of the accused, but instead of granting time to the surety and the father of the accused for the production of the accused, the learned ACMM issued proclamation under Section 82 Cr. P. C. for 8th September, 2008.

(3.) I am constrained to say that the said proclamation was issued despite the fact that the surety of the accused sought time for production of the accused and the father of the accused was also present, who sought to make submission before the Court, which was not even recorded by the Court and dismissed as "a very vague submission" without recording the same.