SHIVDUTT SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed for quashing the order dated 26.04.2011 passed by CJM, Deoghar in T.R. No. 484 of 2010 whereby he rejected the application of petitioner filed under section 205 of the Cr.P.C.

(2.) It appears that on the basis of a complaint, filed by O.P. No. 2 learned CJM, Deoghar vide order dated 11.11.2010 prima facie come to the conclusion that offences under section 420 and 120B of the IPC are made out against the petitioner. Accordingly , he took cognizance of the aforesaid offences and issued summon for appearance of petitioner.

(3.) It then appears that instead of appearing in the court of learned CJM, Deoghar, petitioner filed an application under section 205 of the Cr.P.C. stating therein that he is very busy person and always remain out of Deoghar in connection with political and business work, hence it is not possible for him to remain personally present in the court below. Accordingly, it is prayed that his attendance be dispensed with and he may be allowed to appear through his pleader. Aforesaid application rejected by learned CJM, Deoghar on 26.4.2011, against that the present application filed.