SYED SHAMSUDDIN BABAR Vs. IKRAM ALI KALEEM

JUDGEMENT

(1.) Since common questions of law and fact are involved and as the parties are the same, these two revision cases can be disposed of together.

(2.) The revision petitioner seeks to assail the impugned orders both dated 1.4.2002 passed by the learned III Metropolitan Magistrate, Hyderabad, in Crl.M.P.719 of 2002 in C.C.No.1309 of 2001 and in Crl.M.P.No.717 of 2002 in C.C.No.1308 of 2002 respectively.

(3.) The first respondent herein is the complainant who filed the complaint against the revision petitioner who is a Doctor practising at Jeddah in Saudi Arabia. In view of his pre-occupation with his profession at Jeddah, he appointed his brother-Mr.Syed Sikindar Ali as his agent to appear on his behalf and to defend him in all, civil, criminal, and revenue Courts by executing a General Power of Attorney in his favour. The petitioner, therefore, filed an application under Section 205 of the Code of Criminal Procedure ('the Code' for brevity) seeking to dispense with his personal attendance in the Court and to permit him to be represented by his brother and General Power of Attorney Holder-the said Syed Sikindar Ali. According to the petitioner, the complaints filed against him are all false, calculated to obtain wrongful gain, and to harass the petitioner. He further claims that although he did not receive any summons from the Court in these criminal cases, having come to know that the Court issued NBWs against him, he filed these petitions, as aforesaid.