SRI RAJKISHORE JOSHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS application under Section 482 Cr.P.C. has been tiled against the orders passed in an application 205 Cr.P.C., which was rejected both by the trial Court as well as the revisional Court on the ground that earlier an application under Section 205 Cr. P.C. filed by the petitioner was rejected. On rejection of such application as they did not appear, N.B.W. was issued against them. On the subsequent date again an application under Section 205 Cr.P.C. was filed. The learned revisional Court after noting the facts of the case taking note of the decision in the case of Damodar v. State, 2011 Criminal Law Journal 296 that the power under Section 205 Cr.P.C. is discretionary in nature and once such discretion has been judiciously exercised, the same cannot be interfered with in revision. By applying such discretion, the application under Section 205 Cr.P.C. having been once rejected, the second application cannot be maintained.

(3.) IN the present case, the petitioners are Directors of a Private Ltd. Company. Learned counsel for the petitioners submits that the petitioners have been engaged in different jobs and are residing outside the jurisdiction of Rourkela and it is difficult on their part to appear on each date of the case as they have to move through out the State in connection with their business for which an application under Section 205 Cr.P.C. has been filed and the Court below could not have rejected the same in view of the aforesaid decision of this Court, solely on the ground that an application under Section 205 Cr.P.C. was earlier rejected.