MANU CHARAN PATTNAIK Vs. PURANDAR MOHARANA

JUDGEMENT

(1.) This is an application under section 482 of Cr.P.C. filed by the petitioner Manu Charan Pattnaik challenging the impugned order dated 22.12.2004 passed by the learned S.D.J.M., Sonepur in I.C.C. Case No. 08 of 2001 in rejecting the petition under section 205 of Cr.P.C. filed by the petitioner to dispense with his personal attendance.

(2.) Basing on such complaint, the learned Magistrate has been pleased to take cognizance of the offence under section 379 of the Indian Penal Code and issued process against the petitioner. On receipt of the summons, the petitioner filed a petition under section 205 of Cr.P.C. to dispense with his personal attendance on the ground that the he is staying at a far off place and he is a businessman and has his trade all over the State and his personal appearance in the Court would create immense difficulty for him.

(3.) The learned S.D.J.M., Sonepur has been pleased to hold that the identity of the petitioner is in dispute and unless he is properly identified in Court, the case of the complainant would have no merit and therefore, for the purpose of proper identification before charge and after charge, his appearance in the Court is always required and is indispensable.