CHANCHALA Vs. MEGH SINGH

JUDGEMENT

(1.) This revision petition under Sections 397/401 read with Section 482 of the Code of Criminal Procedure (hereafter referred to as 'the Code') has been preferred by the accused/petitioners (hereafter referred to as 'the petitioners') against the order dated 29-11-2002 passed by the learned Additional Chief Judicial Magistrate, Joginder Nagar whereby their applications for exemption from personal appearance in a criminal case had been dismissed.

(2.) The sum and substance of the facts leading to the presentation of this petition are that the complainant respondent No. 1 (hereafter referred to as 'respondent No. 1') has instituted a complaint against the petitioners and the pro forma respondent under Ss. 147, 451, 500, 323, 504, 506/34 of the Indian Penal Code. Admittedly, the trial Magistrate, after finding a prima facie case against the petitioners and pro forma respondent, issued summons to them directing their appearance in person on 29-11-2002. The petitioners, however, instead of putting in appearance in person, applied for exemption from personal appearance by two separate applications. According to the application moved by petitioners Nos. 1, 3 and 4, petitioner Balesaru could not appear because of old age, petitioner Pammi Devi was under medical treatment and petitioner Chanchala was alone at home and in her absence there was none to attend to her children. In a separate application petitioner No. 2 claimed that he is a college student and because of the studies and examination, he is not in a position to attend the Court. The applications were dismissed by the trial Court by the impugned order mainly on the grounds that it has to secure their attendance of the trial and they cannot claim exemption from personal appearance without furnishing bail bonds and that the averments in the applications for exemption are not substantiated by anything on the record. Being aggrieved, the petitioners have filed the present petition.

(3.) I have heard the learned counsel for the petitioners and have also gone through the material placed on record.