MAHESH & LAXMI NARAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an application under section 482, Cr. P. C. against the orders of the learned Judicial Magistrate, Chidawa dated 23-5-1980 and 23-6-1980. The learned Public Prosecutor has taken notice.

(2.) The learned counsel for the accused petitioners and the learned Public Prosecutor have been heard.

(3.) It has been contended on behalf of the accused-petitioners that a case under Sections 147, 148, 324, 325 and 323, Penal Code has been registered against Prahlad and his four sons. In an application being moved on behalf of Mahesh his personal attend-dance was exempted under section 205, Cr. P. C. on 23-6-1980. Mahesh was not present. But his counsel had moved an application for exemption of his personal attendance. It was contended that Mahesh accused has gone for earning his livelihood to Iran. It has also been . on tended that he is a young man of 22 years and is only the bread-earner in the family.