BIDHU BHUSHAN DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mrs. M. Hazarika, learned Sr. Counsel for the petitioner. Also heard Mr. B.S. Sinha, learned Addl. PP, Assam.

(2.) THE present revision application is directed against an order dated 17.08.2011 passed by the learned Chief Judicial Magistrate, Kamrup, Guwahati in GR Case No. 622/11 whereby the application filed by the petitioner under Section 205 Cr.P.C. praying for exemption of his appearance was rejected. A perusal of the order dated 17.08.2011 would indicate that the petitioner had contended that identification of the petitioner for the conduct of trail is not at all required. It was also stated that he is a senior citizen, aged about 73 years, and is suffering from old age ailments and he will have to face considerable hardship in travelling to Guwahati from Shillong. THE learned trial Court took a view that the present petitioner could not show sufficient reason for allowing his prayer for his representation under Section 205 Cr.P.C.

(3.) THE petitioner is also a Director of Vinay Cements Limited and is, otherwise, similarly situated with the three persons in respect of whom the learned trial Court had exercised discretion by allowing their application under Section 205 Cr.P.C. THE sole ground on which the application of the present petitioner came to be rejected was on the consideration that he is from the neighbouring State.