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1996 DIGILAW 271 (RAJ)

Geeta Bai v. State of Rajasthan

1996-03-14

P.C.JAIN

body1996
JUDGMENT 1. - The petitioners are facing trial for offences under Sections 147,148, 323, 324 and 452, Indian Penal Code in Case No. 29/95 - State v. Inder Chand and Ors. , pending before the trial Court. By the order impugned, learned Magistrate dismissed the petition filed by the petitioners seeking exemption from personal attendance. It may be stated that before learned Magistrate learned Counsel for the petitioners specifically considered that petitioners are not challenging identification of the petitioners. 2. I have perused the order impugned. Learned Magistrate has taken rather a harsh view. He ought to have granted exemption to petitioners from personal attendance. It is for the benefit of the accused that they should remain present in the Court and if the accused want exemption there should not be difficulty in extending this facility to the accused. 3. I, therefore, allow this petition and order that learned Magistrate shall grant exemption from personal attendance till such period he deems fit and their presence should be recorded through their Counsel.Petition allowed. *******