NRUSINGHA CHARAN JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) EVEN though the case was listed to date for admission, on consent of learned Counsel for both parties, the case is taken up for final disposal. Heard. In this case the petitioner has challenged the order dated 9.8.2007 passed by the J.M.F.C., Khariar in G.R. Case No. 261 of 2002 wherein he refused to allow the petition under Section 205 of Cr.P.C.

(2.) LEARNED Counsel for the petitioner submits that the petitioner is a cardiac patient and he suffers from hypertension also. In support of his submission he filed the attested Xerox copy of the medical report of Shashan Medical Hall, Bhubaneswar showing that his blood pressure was 150/100 on 10.11.2007. He also filed another medical report of Cardiology Department of S.C.B. Medical College and Hospital, Cuttack, wherein he was advised to undergo treadmill test and on undertaking that test it was found that he was suffering from heart ailment.

(3.) THEREFORE , the CRLMC is allowed and the impugned order dated 9.8.2007 as passed in the aforesaid G.R. Case by the J.M.F.C, Khariar is set aside. Personal attendance of the petitioner is dispensed with and he is permitted to appear through his counsel under Section 205 of Cr.P.C. in the aforesaid case. However, it is made clear that when personal attendance of the petitioner would be felt necessary, the J.M.F.C. may direct him to appear in person. The CRLMC is disposed of accordingly.