THAKUR NARENDRA SINGH Vs. N V VAKHARIA

JUDGEMENT

(1.) THIS is a reference by the learned Sessions Judge, Jaipur City, recommending that the personal appearance of Thakur Narendra Singh accused be dispensed with under sec. 205 of the Code of Criminal Procedure. A complaint has been filed against him under sec. 341 I. P. C. in the Court of Third Assistant City Magistrate, Jaipur. The learned Magistrate issued a summons under sec. 204 Cr. P. C. for the accused to appear in person or by pleader. On the date fixed in the summons, an application was made on behalf of the accused under sec. 205 Cr. P. C. to dispense with his personal appearance. The learned Magistrate, after hearing both the parties, ordered that the accused should appear in person. Against this order, the accused went in revision to the Court of Session, Jaipur City, and the learned Sessions Judge has made the above reference.

(2.) I have heard the learned counsel for both the parties. The counsel for the complainant opposes the reference on the ground that there were special circumstances entitling the accused to the benefit of sec. 205 Cr. P. C. It was argued that the only grounds which have been given in the order of reference were that the accused was 55 to 60 years old, that even according to the statement of the complainant the accused was not present on the scene of occurrence, that it could not be said that the complainant's case was going to be prejudiced if the discretion vested in the Court under sec. 205 Cr. P. C. was exercised in favour of the accused, and that the offence complained of was a very trivial one. It was argued that none of these grounds was sufficient for giving the accused a concession under sec. 205 Cr. P. C.