V.PRASANT KUMAR RAJU Vs. MADRAS CEMENT LTD.

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure seeking to challenge the orders dated 6.4.2009 and 16.4.2009 passed by the learned J.M.F.C., Bhubaneswar in I.C.C. No. 1178 of 2008 rejecting the application of the petitioner to recall of the N.B.W.(A) and dispense with personal appearance of the petitioner.

(2.) ON perusal of the impugned order, it is seen that the learned J.M.F.C., Bhubaneswar rejected the petition under Section 205 Cr.P.C. on the ground that at this belated stage, after the order was passed on N.B.W.(A) the petition to recall the N.B.W. and dispense with the personal appearance of the accused is not maintainable.

(3.) IN view of the aforesaid decision of the Honble Supreme Court and in the facts of the present case, I am of the view that there is no reason as to why the application filed by the petitioner under Section 205 Cr.P.C. out not to be allowed subject to, of course, filing of an undertaking as directed by the Honble Apex Court hereinabove. In order to avoid delay in trial of the case, the present CRLMC is allowed and the orders dated 6.4.2009 and 16.4.2009 passed by the learned J.M.F.C., Bhubaneswar in I.C.C. No. 1178 of 2008 are set aside.