CHIMANLAL Vs. PARASHAR SINGH

JUDGEMENT

(1.) THIS revision is directed against the order dated 12-2-1955 passed by the Additional Sessions Judge, Balaghat. in Criminal Revision No. 89 of 1954 refusing to interfere with the order dated 18-10-1954 passed by the Magistrate First Class, Waraseoni, in Criminal Case No. 100 of 1954.

(2.) THE non-applicant No. 1 has filed a complaint under Section 500 of the Indian Penal Code in the Court of the Magistrate First Class, Waraseoni. The two applicants, who are the accused in the criminal case, were ordered to be summoned for 24-8-1954. On that date, the applicant No. 2 appeared through Shri Khadilkar pleader, who applied for his exemption from personal appearance on the ground that he is busy in connection with his business. Applicant No. 1 was not served, and so a fresh summons was ordered to be issued to him. The case was fixed for 30-9-1954. On that date, the applicant No. 1 was served but was absent. He was represented by Shri Khadilkar, who made an application on his behalf also for exemption from personal attendance on the ground of dislocation of business and heavy expenses and harassment. The Magistrate of the trial Court passed the following order on 18-10-1954:

(3.) THE Additional Sessions Judge was of the opinion that the only Section which can be invoked for the purpose of the present case was Section 540a of the Code of Criminal Procedure and although the Magistrate did not give the reasons why he required the personal attendance of the accused at the stage of recording evidence, the Additional Sessions Judge thought that it might be for the sake of their identification. The Additional Sessions Judge refused to interfere with the order of the Magistrate as it was in the discretion of the trying Magistrate to direct the accused to remain pre- sent on any particular date of hearing.