Savitri Devi wife of Mahaveer Prasad Ji v. State of Rajasthan
1981-11-10
K.S.SIDHU
body1981
DigiLaw.ai
JUDGMENT 1. - The petitioner in this case is one of the accused persons in a complaint case under section 22, Minimum Wages Act, pending in the Court to Judicial Magistrate, Kishangarh. On process being issued to her, she entered appearance in the court on August 20,1981 and made an application to the court under section 205 Cr. P.C for exemption from personal appearance. Instead of making any order on the application, the learned Magistrate adjourned the proceedings to September 25,1981, with a direction that the petitioner will enter appearance that day and he would consider her application for exemption from personal appearance only after deciding the question of charge. 2. The petitioner feeling aggrieved has challenged the said order under section 482 Cr. P.C. 3. The refusal of the learned Magistrate to pass an order either way on the application under section 205 Cr. P.C. in the facts and Circumstances of this case is tantamount to an abuse of the process of the court. It will be seen that the petitioner promptly entered appearance in the court in response to the process issued against her and then requested for exemption from personal appearance, being a woman. The minimum that the learned Magistrate could do on her application was to decide it one way or the other, without unnecessary delay. This he did not do. 4. This application is, therefore, allowed and the learned Magistrate is directed to decide the application of the petitioner under section 205 Cr. P.C. before considering the question of charge. The petitioner shall not be compelled to appear in his court till he has decided the aforesaid application finally.Application Allowed. *******