SAKET KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) As both parties have appeared, this case has been taken up for disposal at the initial stage itself.

(2.) Petitioner has preferred this revision application against the order dtd. 3/11/2017 passed by the learned S.D.J.M., Patna in Kotwali (Adampur) P.S.Case No. 548 of 2015, G.R.No. 3271 of 2015 whereby and whereunder learned S.D.J.M., has been pleased to reject the prayer of the petitioner for exemption from personal appearance in the day-to-day proceeding in terms of provisions enumerated in Sec. 205 of the Criminal Procedure Code (hereinafter referred to as the 'Code'), because petitioner is residing at New Delhi and is a busy person, being Company Secretary and has to visit so many places, therefore, wants to remain present through lawyer to appear before the court when his appearance is necessary.

(3.) The case of the prosecution, in short, is that Opposite Party No. 2, being the wife of the petitioner, has submitted a written application before the Officer-in-Charge of Kotwali (Adampur) Police Station, on the basis of which, present case i.e., Kotwali (Adampur) P.S.Case No. 548 of 2015, has been instituted alleging that as per the order of Smt. Khushboo Srivastava, Judicial Magistrate, 1st Class, Patna, she came at Bhagalpur on 2/9/2015 by car from Patna at 10:00 P.M. with her husband, who is the petitioner, and on her arrival, the accused persons started abusing her with filthy language and assaulted her saying as to why she has come and asked her to withdraw the case. It is also alleged that they demanded money to purchase a flat and to withdraw the case and until she not bring money from her father, she has been subjected to torture and on that the present case has been lodged.