JAYAKRUSHNA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) AN order refusing the prayer of the Petitioner under Section 205 Code of Criminal Procedure for being represented through an Advocate in G.R. Case No. 527 of 1985 in which he is an accused has occasioned this revision.

(2.) IT is the case of the Petitioner that he is an employee at Madras in a reputed concern and is an international passport holder and in exigencies of duties, he is required to go to different parts of the country as well as to foreign countries and in view of such occupation of his, personal attendance on all dates would cause harassment to him and is also not necessary for the case.

(3.) AS is apparent from the facts stated above, there was absolutely no application of mind by the learned Magistrate to the facts stated in the petition. There was no direction in the order of the learned Sessions Judge to reject the petition, when presented, ipso facto and no reason had also been assigned in the order dated 16.5.88 dealing with the grounds stated in the petition under Section 205 Code of Criminal Procedure so as to reject the prayer. An order on the petition made under Section 205 Code of Criminal Procedure is expected to be dealt with judicially with reasons indicated for refusal of the prayer, In : 62 (1986) C.L.T. 445 Sudhakar Dash v. Smt. Nirupama Mishra, it was observed: