JAGANNATH MAHAPATRA Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) The petitioner, a Super Class Contractor is aggrieved by the order dated 7-10-2015 passed by the learned Sub-Divisional Judicial Magistrate, Nabarangpur in 1.C.C. No. 07/2014, wherein his application under S. 205 of the Code of Criminal Procedure, 1973, hereinafter referred to as "the Code" for brevity was rejected.

(2.) A 1.C.C. was initiated by Debadutta Mohapatra against the present petitioner for alleged offence under Ss. 341, 420, 466, 468, 471, 294 and 506 of the IPC. He was summoned to appear before the learned SDJM, Nabarangpur. He filed an application under S. 205 of the Code on 21-9-2015 to dispense with his personal attendance before the Court. The learned Magistrate held that the allegation levelled against him appears to be grave and serious in nature. He further held that the petitioner is residing at a little distance from the Court and the documents filed in support of his illness do not reveal a disease of such magnitude as to prevent him appearing from the Court to answer the allegation. Therefore, the learned Magistrate rejected his application under S. 205 of the Code and posted the case to 6-11-2015 for appearance of the parties.

(3.) The learned counsel for the petitioner submits that the petitioner is an elderly person, aged about 56 years. He is suffering from chronic diseases like diabetes, high blood pressure for which he is under intensive medical care since 1998. The learned counsel also submits that the petitioner is a Super Class Contractor and he has to attend his duties for timely execution of work undertaken by him. Hence, the learned counsel for the petitioner submits that the order passed by the learned Magistrate should be set aside and the petition filed by the petitioner under S. 205 of the Code should be quashed.