SR. SUSHIL KUMAR MOHAPATRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) By means of this application the Petitioner seeks indulgence of this Court, praying to set aside the impugned order dtd. 12/9/2023 passed by the learned S.D.J.M., Deogarh in I.C.C. No.7 of 2023 under Annexure-4, wherein the learned Court declined to allow the petition filed by the Petitioner U/s.205, Cr.P.C. praying for dispensing with his personal appearance before the court and to allow him to be represented by his lawyer.

(2.) Perusal of the case record reveals that pursuant to the protest petition, the court having conducted enquiry u/s.202, Cr.P.C. found prima facie material and took cognizance of the offence under Ss. 341/294/506, I.P.C. against the Petitioner and issued process for his appearance. The Petitioner having represented by his Advocate moved a petition under Sec. 205, Cr.P.C. However, he did not press the petition filed initially and moved a petition subsequently afresh. Learned Court vide order dtd. 12/9/2023 declined the prayer of the petitioner and directed the petitioner to appear on 18/9/2023.

(3.) It is submitted by the learned counsel that the Petitioner is a Doctor by profession and is aged about 73 years. According to the learned counsel, having regard to the nature of the offence alleged against the Petitioner being not grave in nature and the Petitioner's identity being not in dispute, the personal appearance of the accused-petitioner could very well be dispensed with by allowing him to be represented through his Advocate and that the petitioner would undertake to appear as and when so required by the Court for the trial or disposal of the case.