ARVIND @ ORVIND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Misc. petition under Sec. 482 Crimial P.C., has been filed against the order dated 1.10.2013 passed by Special Judge, NDPS Cases, Jaipur Metropolitan, Jaipur in Sessions Case No. 33/2012 whereby application of the petitioner under Sec. 205 Crimial P.C., for exemption of personal attendance has been dismissed.

(2.) The contention of the petitioner is that he is facing trial before the court below. On 1.10.2013, he was ill and hence an application for exemption of his personal presence was filed which was rejected without any ground and the court below has held that without medical evidence it cannot be accepted that he is ill but no opportunity has been granted to him to file the medical certificate. Applications under Sec. 311 Crimial P.C. have been filed by the petitioner which have been taken on record and as the applications were filed on behalf of petitioner, personal presence of the petitioner was not required for any purpose and the proceedings were not held up due to the non presence of the petitioner hence the impugned order should be quashed and his application under Sec. 205 Crimial P.C., may be allowed.

(3.) Heard the learned counsel for the petitioner and learned Public Prosecutor and perused the impugned order.