SHANTUNU DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this application filed u/s 482 Cr. P.C. petitioners have prayed for quashing the order dated 4.5.98 passed by Judicial Magistrate, Ranchi in C. No. 326/91 whereby application filed u/s 205 Cr. P.C. has been rejected.

(2.) IT appears that petitioners have been prosecuted and ordered to face trial u/s 500 I.P.C. After institution of the criminal case petitioners surrendered before the court below and were granted bail, since offence alleged is bailable. It appears that since then petitioners were all along represented by their lawyers under the provisions of section 317 Cr.P.C. The court below by order dated 31.5.97 directed the petitioners to remain physically present in the court on 16.6.97 as the case was pending for explaining substance of accusation to the accused persons. Instead of appearing in the court petitioners filed a petition on 24.1.98 u/s 205 Cr.P.C. for their exemption from appearance even for the purpose of explaining substance of accusation. The said application was rejected by the court below holding that their presence is necessary for explaining substance of accusation.

(3.) IN that view of the matter impugned order passed by the court below directing for personal appearance for the purpose of explaining the substance of accusation cannot be substained in law. For the reasons aforesaid this application is allowed and the impugned order passed by the court below is set aside. It is held that the lawyer representing the petitioners will be competent to answer the accusation as required u/s 251 Cr.P.C.