JUDGMENT 1. - This is an application under section 482, Cr. P. C. against the orders of the learned Judicial Magistrate, Chidawa dated 23-5-1980 and 23-6-1980. The learned Public Prosecutor has taken notice. 2. The learned counsel for the accused petitioners and the learned Public Prosecutor have been heard. 3. It has been contended on behalf of the accused-petitioners that a case under Sections 147, 148, 324, 325 and 323, IPC has been registered against Prahlad and his four sons. In an application being moved on behalf of Mahesh his personal attend-dance was exempted under section 205, Cr. P. C. on 23-6-1980. Mahesh was not present. But his counsel had moved an application for exemption of his personal attendance. It was contended that Mahesh accused has gone for earning his livelihood to Iran. It has also been . on tended that he is a young man of 22 years and is only the bread-earner in the family. 4. The learned Magistrate was, however, of the opinion that he accused Mahesb ought to have been present and as such non-bailable warrant was issued for his arrest. It was also ordered that a communication be sent to the passport authorities at Jaipur also. The learned Magistrate was of the opinion that as the charge had to be read over the presence of the accused, Mahesh was essential and, hence the said order was passed. 5. The learned counsel for the accused petitioner has strenuously contended that the presence of the accused-petitioner was not necessary at the time when the charge was to be read over. The charge could be read over to the learned counsel for the accused-petitioner, and under the law the counsel is entitled to make a statement on behalf of the accused or even to plead guilty on behalf of the accused petitioner. 6. Shri Khan, learned Public Prosecutor, appearing on behalf of the State could not challenge the soundness of the legal proposition advanced by the learned counsel for the accused-petitioner. 7. Under these circumstances, the application under section 482, Cr. P. C. is allowed. It is hereby directed that the learned Magistrate can read over the charge to the learned counsel for the accused-petitioner and that the plea of the learned counsel for the accused petitioner can be recorded. 7. Under these circumstances, the application under section 482, Cr. P. C. is allowed. It is hereby directed that the learned Magistrate can read over the charge to the learned counsel for the accused-petitioner and that the plea of the learned counsel for the accused petitioner can be recorded. The learned Magistrate is, however free to direct the accused to be present in his court whenever he considers it necessary for the ends of justice. 8. For the reasons stated above, the application under section 482, Cr. P. C. is allowed. The learned Magistrate is directed to act in accordance with the observations made above. *******