ANISH CHAKRABARTY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code) for quashing the order dated 16.12.2004 passed by Shri Manoj Kumar Singh, Judicial Magistrate, 1st Class, Patna in complaint case No. 2271-C of 2003 by which he had rejected the prayer of the petitioner Anis Chakrabarty to dispense with his personal attendance in Court in the case under the provision of Section 205 of the Code. Heard.

(2.) THE case of the complainant-Opposite Party No. 2 Jai Shankar Prasad Jha in nut shell is that Gautam Kumar, son of the complainant wanted to be admitted in Private Marine College as he had not appeared at the I.I.T. Examination. THE father the complainant approached the petitioner, who runs a private Marine College at Kolkata and his friend Santosh Singh who run an institution at Varanasi. On 3rd June 2003 the petitioner and Santosh Singh had come to attend a marriage at Patna and on 4.6.2003 they came at the house of the complainant along with Rupa Jaiswal. Santosh Singh introduced himself as Director of College of Marine Telecommunication, Varanasi, Rupa Jaiswal, as his Secretary and introduced the petitioner as Director of SEACON Marine College, Kolkata. THEy assured that the son of the complainant would be admitted in the Marine Engineering College at Kolkata for which he would have to pay rupees three lakhs, out of which he would be given receipt of Rs. 1,50,000/-while the remaining amount would be spent towards illegal payment and commission of the accused and besides this, he would have to pay Rs. 10,200/- towards Registration charges. It is further alleged that the accused persons including the petitioner received a total sum of Rs. 1,55,200/- from the complainant for the admission of his son and the complainant was asked to come to Kolkata with his son for admission. When the complainant and his son went to Kolkata, the petitioner and Santosh Singh took them to Marine College and thereafter fled away. THE complainant went to Marine College and made enquiry and learnt that admission in that College was not possible without appearing in the competitive test held by the I.I.T.

(3.) AS regards the first submission of the learned Counsel, Section 204 of the Code provides that in a summons case the Magistrate taking cognizance must issue summons for the attendance of the accused, and in a warrant case he may issue a warrant or if he thinks fit, he may issue summons for the appearance of the accused.