ANMOL MORE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has preferred this petition under Section 482 of the Code of Criminal Procedure for setting aside the order dated 7.10.2005 passed by the Sessions Judge, Dhanbad in Cr. Rev. No. 196 of 2005 arising out of the order impugned dated 8.8.2005 passed in C.P. Case No. 750 of 2005 by the Court of Sri A.K. Mishra Judicial Magistrate, 1st Class, Dhanbad whereby and whereunder the trial Court had rejected the prayer of the petitioner for dispensation of his personal attendance under Section 205 of the Code of Criminal Procedure.

(2.) LEARNED Counsel for the petitioner submitted that in the present case cognizance of the offence was taken only under Section 417 of the Indian Penal Code on 24.5.2005 against the petitioner. On the receipt of the summons, a prayer through his lawyer for dispensation of his personal attendance under Section 205 of the Code of Criminal Procedure was made on the ground that his left leg was amputated above his knee and he would suffer hardship in attending Court. The complainant, in the instant case was the father of the petitioner, who maliciously brought about the present case against his wife and two sons with ulterior motive. Annexaure 4 is the report of the Peerless Hospital, Kolkata and B.K. Roy Research Center in support of amputation of one leg. He further contended that the trial Court is situated on the first floor of the Dhanbad Civil Court and as such it was difficult for the petitioner to climb the staircase of the Court regularly.

(3.) SIMILARLY , learned Sessions Judge did not appreciate the contention of the petitioner and dismissed the revision petition approving the ground taken by the trial Court in rejecting the prayer of the petitioner under Section 205 of the Code of Criminal Procedure.