NAFEES HAIDER Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Instant application has been filed by Nafis Haider u/S. 482, Cr. P.C. praying therein that the order dated 27th Oct. 1990 passed by C.J.M. Jaunpur issuing thereby non-bailable warrants against the applicant in complaint case No. 370.0 of 1990. It has also been prayed by the learned counsel for the applicant that the applicant be exempted of his personal attendance in the Court of C.J.M. Jaunpur where the aforesaid case is pending.

(2.) I have heard Sri Kamal Krishna, learned counsel for the applicant as well as the learned counsel for the State. The learned counsel for the applicant has submitted before the court that the applicant has been serving in Saudi Arabia and as such it is not possible for the applicant to be present on each and every date in the court below. It is next contended by the learned counsel for the applicant that an application seeking exemption of personal attendance in the court was moved before the C.J.M. Jaunpur and while rejecting the application of the applicant, the learned C.J.M. issued non-bailable warrants for securing attendance of the applicant fixing 14-12-1990.

(3.) I have considered the facts and circumstances of the case and taking into account the submissions advanced by the learned counsel for the applicant I feel that case for exemption of the applicant's personal attendance in the court below is amply made out. It would be useful to observe that in cases of petty nature like the present one, the court should have liberal approach as by grant of such exemption, it would result in no harm either to the complainant or the state in the conduct of the trial.