CARDINAL MAR GEORGE ALENCHERRY Vs. JOSHI VARGHESE

JUDGEMENT

(1.) All these Criminal M.C.s are filed by the accused seeking a direction to the Judicial First Class Magistrate Court, Kakkanad, to consider the applications submitted by him under sec. 205 of the Cr.P.C, for exemption from personal appearance in the cases registered against him, without insisting for his personal appearance, even for the first time.

(2.) All the said cases are instituted upon private complaints submitted by the 1st respondent in all the said Crl.M.C.s, and the offences alleged are under Sec. 406,423, 120B read with Sec. 34 of the Indian Penal Code, and the petitioner is the first accused in all the said cases. In all the said cases, the petitioner was served with the summons and the petitioner submitted applications under Sec. 205 of Cr.P.C seeking exemption from personal appearance before the court and to permit him to appear through his counsel. The applications submitted in this regard are pending before the learned Magistrate and the learned Magistrate directed the petitioner to appear in person before the court, even before passing orders on the said applications. The details of the cases and the applications filed are as follows:

(3.) In the cases shown as serial Nos. 1 to 4, the learned Magistrate passed orders directing the petitioners to appear before the court, before the respective applications for exemption are considered, whereas in the remaining cases, oral directions to that effect were issued. These Crl.M.Cs were filed in such circumstances, seeking a direction to the learned Magistrate to consider the applications submitted for exemption under Sec. 205 of Cr.P.C, without insisting on the personal appearance of the petitioner.