PRAKASH CHATTRANI Vs. STATE OF M P

JUDGEMENT

(1.) Heard the learned Counsel for the applicant and APP for the State.

(2.) By this application which is filed under Section 482 of the Cr.P.C, the applicant takes exception to the order passed by the Chief Metropolitan Magistrate, Esplanade, Mumbai, dated 18th June, 2010. By the said order, the learned Magistrate was pleased to reject the application made by the applicant's Advocate for exemption and refused to cancel the non- bailable warrant. Brief facts are as under :-

(3.) A complaint was filed against the present applicant for the offence punishable under Section 354 of the IPC which was registered with the Cuffe Parade Police Station, Mumbai. After filing of the complaint, the complainant remained absent on umber of dates. Thereafter, however, her statement was partly recorded on 11th June, 2009. Thereafter, the case was adjourned to 11th August, 2009,27th August, 2009, 8th October, 2009, 24th November, 2009, 15th December, 2009, 7th April, 2010,13th April, 2010 and finally to 18th June, 2010. On 13th April, 2010, when the matter appeared before the court, complainant Ms. Leena Francis Soaz was present and she informed the trial court that she was contemplating not to proceed with the case and therefore, sought time to consider this aspect. The learned Magistrate, accordingly, in view of the request made by her, adjourned the case on 18th June, 2010. On 18th June, 2010 when the matter was called out, the applicant's Advocate was not present. The accused also was not present. An application was filed for exemption and the said application was ready. However, since the applicant's Advocate before entering the court room, the learned Magistrate was pleased to issue non-bailable warrant by passing the following order :- "Accused remains absent. Issue NBW against accused." Thereafter, the applicant's Advocate made an application for exemption. In the said application, it was mentioned that the applicant was unwell and was unable to attend the court and therefore, it was prayed that the accused should be exempted from appearing in the court on that day. This application was also rejected by passing the following order :- "Ld. APP present. Holding Advocate present. Application for exemption rejected. Issue NBW." Being aggrieved by the said order, the applicant has preferred this application under Section 482 of the Cr.P.C.