VIKAS DADWAL Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Challenge in the present petition is to the judgment dated 28.5.2015 (Annexure P-4) passed by learned Additional Sessions Judge, Hoshiarpur whereby the application filed by respondent No.2 Baljit Kumar for exemption of his personal appearance was allowed and order dated 18.4.2015 (Annexure P-3) passed by learned Judicial Magistrate 1st Class, Dasuya vide which the said application was dismissed, was set aside.

(2.) Learned counsel for the petitioner contends that the trial Court vide order dated 18.4.2015 had dismissed the application under Section 205 Cr.P.C. filed by respondent No.2 Baljit Kumar seeking permanent exemption from his personal appearance. The said application was dismissed by the trial Court mainly on the ground that the same was not supported by any document or affidavit to substantiate that the respondent No.2 is posted in the Indian Army and is stated to be the main accused. However, vide impugned judgment dated 28.5.2015, the revisional Court has set aside the order of the trial Court and has granted exemption to the respondentaccused.

(3.) Learned counsel for the petitioner has further submitted that the offence committed by the respondent-accused is serious in nature and, therefore, his personal appearance is necessary before the trial Court. Respondent Baljit Kumar is the main accused and for having committed the offence under Sections 326, 324, 323 IPC, he has been charge-sheeted accordingly. There is hardly any ground for exemption of his personal appearance which is otherwise discretionary power with the Court. However, such discretionary powers are required to be used judiciously and sparingly. The respondent-accused has miserably failed to make out a case for his exemption from personal appearance.