POOSI Vs. MAN DAS

JUDGEMENT

(1.) THIS is a reference made by the learned Sessions Judge, Nagaur. He has recommended that the order of the learned sub-Divisional Magistrate, Merta, refusing to exempt the applicant one Mst. Poosi, widow of Ladu Lakhari of Dhanipura, from personal appearance in Court in a case under s. 379 of the Penal Code be set aside and that she be exempted from personal appearance in Court under s. 205 Cr. P. C. The facts of the case appear to be as follows : -

(2.) ONE Sadhu Man Dass son of Bakhtawar Dass of Dhanipura filed a complaint before the sub-Divisional Magistrate, Merta, alleging that the applicant together with six other accused persons had committed a theft of grass and fodder from his field on the Shukla 3rd of Kartic s. 2005 when he was away. The learned Magistrate issued a warrant to secure the presence of all the accused including Mst. Poosi. Mst. Poosi then applied to the Court for exempting her from personal appearance in Court. This application was refused by the learned Magistrate saying that she must first appear in Court before her application could be considered. Mst. Poosi, thereupon, went up to the Sessions Judge, Nagaur, in revision, who has recommended as above saying that the complaint was filed about 9 months after the occurrence, that there was no specific allegation against the applicant, that ii was not just and proper that the applicant be put to unnecessary harassment and compelled to appear in Court until there was real need for a personal appearance and that the Magistrate should have cancelled the warrant and issued a summons to her in the first instance.