SMT. PANI AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under Sec. 482 Cr. P. C. is directed against the order dated June 28, 1985 of the Executive Magistrate, Bilara whereby the learned Magistrate refused to dispense with the personal attendance of the petitioners from attending the court and directed that they should present themselves on the next date of hearing. As held by this Court in 1983 Criminal Law Reporter (Rajasthan) Page 673, "it is obvious that the learned Magistrate has been dealing with this matter under Sec. 107 Cr. P. C. in a manner not warranted by law, he has no jurisdiction under law to require the parties to enter appearance in his court and furnish bonds for the purpose." It follows that the learned Magistrate was obviously in error in insisting upon their personal appearance in the court. It was a fit case where the Magistrate should have dispensed with the personal attendance of the petitioners. Both the petitioners are ladies and their presence was not required in the court.

(2.) The petition is allowed. The order of the Magistrate dated the 28th June, 1985 is set aside to the extent he has directed the petitioners to appear personally in the court. The personal appearance of the petitioners will be dispensed with and they will be at liberty to appear through an advocate. Application allowed.