ARJAN SINGH KALRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) An affidavit of Mr. Davinder Singh, Deputy Superintendent of Police, Samana, has been filed in the Court, which is taken on record. This petition under Section 482 Cr.P.C. is for quashing of the order dated 01.06.2013 (Annexure P-6) passed by the Judicial Magistrate, 1st Class, Patiala, whereby the application filed by the petitioner for permanent exemption from personal appearance, was dismissed.

(2.) The petitioner is facing trial under Sections 341, 323, 506, 201 34 IPC, which are bailable offences. The case in which the offence triable is punishable with imprisonment for a term not exceeding two years, is to be treated as a "summons case." As per Section 313(1)(b) of the Cr.P.C., the personal appearance of the accused can be exempted in the summons case. The said section reads as under:-

(3.) The Hon'ble Supreme Court in case Basavaraj R. Patil Vs. State of Karnataka,2000 4 Crimes 79, has examined the provisions with regard to personal appearance of an accused, as provided under Section 313 of the Cr.P.C. In para No. 22 of the aforesaid case, the Hon'ble Supreme Court has observed as under:-