QEYAMUDDIN ALIAS QUAMUDDIN MINA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure, 1973 (in short the Code). It is directed against the order dated 22.6.2005 passed by the learned Fast Track Court No. 2, Siwan in S.T.No. 53 of 1996 whereby and whereunder the petition filed on behalf of the petitioner for his exemption from personal appearance for recording his statement under Section 313 of the Code was rejected.

(2.) IT has been submitted that the petitioner who is one of the accused in this case is presently residing in Saudi Arabia where he is working as a labourer. He made his best efforts to come to India to appear in person before the learned trial court for making his statement under Section 313 of the Code but inspite of his best efforts the Company where he was working has kept his pass-port and refused to hand over the pass port to him and to allow him to return back India unless the contracted period of his service is completed. As such the petitioner instructed his counsel to make the statement on his behalf and answer such questions which might have been put to the petitioner in terms of Section 313 of the Code. However, by the impugned order this prayer was rejected. Hence this application.

(3.) ON behalf of the petitioner it has been submitted that he is a labourer working in Saudi Arabia and his pass-port has already been retained by his employer who is un-willing to return back him till the period of his contract is over. Under this circumstances I feel that the procedure as envisaged in the judgment of Basavaraj R. Patil (supra) as given above may be followed for proper compliance of the law as contained in Section 313 of the Code. 9. This application, is, accordingly, disposed of.