MAHAVIR PRASAD JALAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) The petitioner is aggrieved by order dated 10.7.2012 passed by Sri A. K. Srivastava, learned Judicial Magistrate, 1st Class, Seraikella, in G.O. No. 77 of 2012, whereby the application filed by the petitioner under Section 205 of the Cr.P.C., for dispensing with his personal attendance, has been rejected by the Court below.

(3.) Petitioner has been made accused in G.O. No. 77 of 2012 for the offence under Section 92 of the Factories Act. It appears that the petitioner is the Chairman of M/s. Ramkrishna Forgings Ltd., in which some accident had taken place, due to which, the petitioner, being the Occupier and Manager of the Factory, has been made accused in this case. The petitioner filed his application under Section 205 of the Cr.P.C., for dispensing with his personal attendance on the ground that the petitioner, being the Chairman of the said company is required to undertake extensive tours in connection with the business of the Company and it is extremely difficult for him to attend the Court on every date. The Court below, however, by the impugned order dated 10.7.2012 rejected the application filed by the petitioner stating that the petitioner can avail the benefit of Section 317 of the Cr.P.C., and has rejected the application of the petitioner.