ABHAY KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision is directed against the order dated 11.3.2005 passed by the Judicial Magistrate 1st Class, Ara in Complaint Case No. 1350C of 2003, whereby the prayer made by the petitioner for dispensing with the personal attendance under Section 205 of the Code of Criminal Procedure, has been rejected.

(2.) ACCORDING to the complainant himself, petitioner is an employee of the Reliance Infocom Limited and posted as Circle Maintenance Manager at Patna. On the basis of a complaint filed by opposite party No. 2, the learned Magistrate took cognizance of the offence under Sections 448, 323 and 341 of the Indian Penal Code. Petitioner filed application for dispensing with his attendance under Section 205 of the Code of Criminal Procedure, which has been rejected by the impugned order.

(3.) MR . Gopal Govind Mishra, appearing on behalf of opposite party No. 2, however, submits that the nature of allegation against the petitioner is such that the learned Magistrate rightly rejected his prayer.