A CHIMAN LAL Vs. STATE

JUDGEMENT

(1.) S. R. Bhargava, J. In a case under section 307 I. P. C. revisionist Chimman Lal, resident of Bombay was committed to sessions. Sessions Trial No. 11 of 1990 against him was transferred by Sessions Judge, Agra to Vth Addl. Sessions Judge, when the Vth Addl. Sessions Judge, Agra took up the case for trial on behalf of the revisionist, discharge under Section 227 Cr. P. C. was claimed. Learned Vth Addl. Sessions Judge refused discharge by a cryptic and non speaking order. A revision was filed against that order On 10th July 1990, I allowed the revision and directed the Sessions Judge concerned to decide the claim of revisionist for discharge afresh after hearing parties counsel by a speaking order briefly indicating the evidence which may be available against the revisionist. After the said judgment in revision the counsel for the revisionist, appeared before the Vth Addl. Sessions Judge and applied for exemption of personal. attendance of the revisionist. Learned Vth Addl. Sessions Judge dismissed that application only on the ground that non bailable warrant had already been issued against the revisionist. Learned Vth Addl. Sessions Judge after the impugned order did not decide the claim of discharge of the revisionist as directed by this Court.

(2.) LEARNED Vth Addl. Sessions Judge, Agra should carefully note that in courts a Judge has to be a Judge and not an executive officer. When an accused against whom non bailable warrant has been issued is represented by his counsel who applies for exemption of personal attendance of the accused, non bailable warrant can be withdrawn and the accused can be permitted to appear through his counsel exempting his personal attendance. In the instant case unless the claim for discharge was refused and unless a charge was framed against the revisionist, his personal attendance was not necessary. It is obvious that the approach of the Vth Addl. Sessions Judge in the case towards revisionist was unjudge like. He did not at all exercised his discretion vested in him by section 317 Cr. P. C. discreetly or wisely.