NARENDRA SINGH KUSHWAH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Counsel for the parties have submitted before this Court that in a case registered against the present petitioner vide Crime No.11/2015 under Ss. 365, 294, 506-A of IPC and Sec. 3(1)(X) of SC/ST Act, 1989, though parties entered into settlement and moved an application under Sec. 320 of CrPC before the trial Court on 12/12/2023. On the said date, the trial Court allowed the application to the extent that the offences which were compoundable have been reduced and for remaining Sec. , the application got rejected and the case was fixed for 20/12/2023. On 20/12/2023, the petitioner did not appear before the trial Court and moved an application under Sec. 317 of Cr.P.C. for exemption from personal appearance and also sought leave to permit him to appear through Video Conferencing but the said application got rejected and warrant of arrest was issued against him.

(2.) Counsel for the petitioner submits that petitioner is an elected Member of Legislative Assembly and he has to attend the meeting of Legislative Assembly and at the same time his physical condition was not good, therefore, he moved an application seeking exemption from personal appearance, although it has been rejected and, therefore, he submits that the order passed by the trial Court issuing warrant of arrest be set aside and his application may be allowed.

(3.) Although, Shri Agnihotri learned counsel appearing for the respondent/State has opposed the submission made by counsel for the petitioner and submitted that at the most petitioner should appear before the trial Court atleast once and then he can move an application for exemption from his personal appearance.