ASHWANI CHOPRA Vs. A C CHAUDHRY

JUDGEMENT

(1.) This is a petition brought under the provisions of section 482 Cr.P.C. for quashing the orders dated 09.11.2012 (Annexures P-1 and P-2) passed by learned Judicial Magistrate Ist Class, Faridabad in a criminal complaint titled as "A.C. Chaudhry v. Ashwani Chopra and another" bearing No. 166/24.12.2008/04.03.2011 and for exemption of personal appearance of the petitioner from hearing of the case permanently.

(2.) The prosecution has been launched by A.C. Chaudhry, the complainant by way of complaint for an offence punishable under sections 500, 501 and 502 IPC. In the said complaint, Ashwani Chopra, the petitioner has been summoned as accused. He filed application for exemption of his personal appearance, which has been dismissed vide order dated 09.11.2012 (Annexure P-2).

(3.) Learned counsel for the petitioner has submitted that in this prosecution for an offence punishable under sections 500, 501 and 502 IPC when the personal appearance of the complainant was exempted, there was no reason for declining the said exemption to the petitioner. According to him, the petitioner is grandson of late Lala Jagat Narain, the Editor of Punjab Kesari and looking to the threat to the life of the petitioner, he has been given 'Z' category security . According to him, when there was 'Z' category security, it is difficult for the petitioner to move freely. According to him, learned Magistrate had no reason whatsoever to decline the prayer of the petitioner.