LAWS(CAL)-2018-7-441

ASHOK PRAJAPATI Vs. STATE OF W.B.

Decided On July 16, 2018
Ashok Prajapati Appellant
V/S
STATE OF W.B. Respondents

JUDGEMENT

(1.) This is an application challenging an order dated 26th Feb., 2018 passed by the learned Judicial Magistrate, 5th Court, Sealdah in Case No. C-269/15.

(2.) The learned Advocate appearing on behalf of the petitioner /complainant submits that the accused should not have been granted of exemption from appearance under Sec. 205 of the Code without first appearing even once before the learned Magistrate.

(3.) The proposition placed by the learned Advocate on behalf of the petitioner is not a correct one. In Bhaskar Industries Limited Vs. Bhiwani Denim and Apparels Ltd. and Ors., (2001) 7 SCC 401, the Honourable Apex Court held that an accused can be granted the benefit of Sec. 205 of the Code by a Court without even appearing once before it.