JUDGMENT : G.B. Patnaik, J. - The Petitioner who was working at the relevant time as Manager of United Commercial Bank at Banpur has preferred this revision against the order of the Magistrate refusing an application filed u/s 205 of the Code of Criminal Procedure. 2. The Petitioner is the accused in the complaint Case No. 33 of 1983 vending in the Court of the Judicial Magistrate First Class, Banpur, wherein cognisance has been taken under Sections 294 and 341 Indian Penal Code, After issuance of notice, the application u/s 205 of the Code of Criminal Procedure, was flied by the Petitioner, but the learned Magistrate has related the same on the ground that the Petitioner is neither an old man nor an ailing man and, therefore, his application u/s 205 an the Code of Criminal Procedure should not be allowed. 3. Section 205, Code of Criminal Procedure, confers wide discretion no doubt on the magistrate to dispense with the personal attendance of the accused and permit him to appear through his pleader, but that discretion must be exercised judiciously and not arbitrarily. The fact that the accused was working as a Manager of a Bank and for him to remain absent from the Bank on each date to which the case is posted must be herd to be a good ground far allowing him to appear through a pleader and to dispense with his personal attendance until the magistrate requires his personal attendance in the interests of the case Merely because in one decision of this Court, personal attendance was dispensed with as the accused was an old and ailing many it cannot be the law that unless an accused as an old and ailing man the provision of Section 205, Code of Criminal Procedure, cannot be invoked. In my opinion, learned Magistrate acted rather whimsically and arbitrarily fin rejecting the Petitioner's application u/s 205 of the Code of Criminal Procedure. It would accordingly hold that in the facts and circumstances of the present case, the Petitioner's application filed u/s 205, Code of Criminal Procedure, must be allowed. While saying so, I would direct that the Petitioner must appear it person before the learned Magistrate whereafter the Magistrate would dispense with the further personal appearance until it is again required by him in the interests of justice. This Criminal Revision is accordingly allowed. Final Result : Allowed