BHAGWAN KISANCHAND SHARMA Vs. PRAKASH CHELARAM SHARMA

JUDGEMENT

(1.) THIS petition is filed for quashing the Criminal Case No. 2034 of 1994 filed by Respondent No. 1 in the Court of Judicial Magistrate First Class, Nasik.

(2.) THIS case arise on the basis of private complaint filed on 24th June 1994 by the Respondent No.1 against the petitioners in respect of incident dated 21st June 1994 for the offence under Sections 323, 504, 506 read with Section 34 of IPC. Pursuant to the said complaint the Magistrate had directed the enquiry and report was received under Section 202 of Cr. P.C. on 20th September 1994, and accordingly the Magistrate was pleased to issue process on 7th October 1994. Thereafter the petitioners had applied for discharge. That application came to be rejected. No particulars are furnished about the said discharge application in the petition or by the Petitioners' Advocate. That discharge order was not challenged and thereafter this petition has been filed in September 1996.

(3.) MS . Gupta contends that Petition No. 3 is old lady and also is ailing and she is unable to move out of her house and it is not possible for her to attend the Court personally. Firstly, in a private complaint normally the process is issued to appear either in person or through Advocate. Secondly, unless required the presence of the accused should not be insisted by the Magist-rate so long as the Advocates are attending the matter. I am told initially Petitioner No. 3 was exempted from personal appearance but thereafter that exemption was removed. Nothing is brought on record to show in what circumstances that exemption was cancelled. In any way when the petitioner is unwell and is unable to move she should be exempted from personal appearance at the trial through out so long as other accused or the Advocate of Petitioner No. 3 appears in the Court, unless for any reason the personal attendance of the Petitioner No. 3 is necessary.