MANOJ BAID Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) IN a private complaint the learned court below after recording its satisfaction issued summons to the present applicants after taking cognizance for offences punishable under Sections 406, 418, 420. and 120 -B of the Indian Penal Code. The accused after receiving the summons made an application under Section 205 Cr. PC, inter alia, submitting that as their presence is not required, their presence be exempted. The application was opposed tooth and nail by the complaint mainly on the ground that the application was devoid of merits and as the allegations were of serious nature, the present applicants could not be protected under Section 205 of the Code of Criminal Procedure.

(3.) SECTION 205 of the Code of Criminal Procedure provides that whenever a Magistrate issues a summons, he may, if he sees reasons so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader. Sub -section (2) of Section 205 Cr. PC. authorizes such Magistrate to direct the personal attendance of the accused, if in his discretion, such an attendance is necessary.