ORDER 15.7.2004 — Heard learned counsel for the petitioner as well as the State. As it appears, the petitioner in this application u/s. 482, Cr.P.C. has prayed for quashing the order dated 1.5.2004 passed by the S.D.J.M., Khurda, in G.R. Case No. 955/1998 reject¬ing the petitioner’s application u/s. 205, Cr.P.C. on the ground that the accused-petitioner brutally assaulted the inform¬ant for which the petitioner could not take advantage of the provision of Sec. 205, Cr.P.C. Learned counsel for the petitioner submits that the Petitioner has been implicated in offences u/ss. 341/323/325/506/34, I.P.C. out of which offence u/s. 506, I.P.C. is only non-bailable offence. It appears that the learned Magistrate has been swayed away by the injuries and has not taken into consideration, as I find, the offences for which the petitioner has been charge-sheeted. Considering the facts and circumstances, I direct the peti¬tioner to file a fresh application u/s. 205, Cr.P.C. which shall be dealt with by the learned Magistrate in accordance with law. While dealing with the petitioner’s application, the Magis¬trate shall look into the fact that the petitioner is serving in Defence and resides in West Bengal as well as the offences for which he has been charge-sheeted. I may make it clear that even if the application u/s. 205, Cr.P.C. is allowed and ac¬cused’s personal attendance is dispensed with, the Court is not powerless to ensure his attendance in terms of Sub-section (2) of Section 205, Cr.P.C. If the petitioner files the application u/s. 205, Cr.P.C. before the learned S.D.J.M. by 20th July, 2004, the same shall be considered and disposed of by 23rd July, 2004 keeping in view the observations made above. Till then, the N.B.W. of arrest issued against the petitioner shall not be exe¬cuted. If the aforesaid application is not filed by the petition¬er within the time stipulated, it would be open to the learned Magistrate to proceed with the matter to secure attendance of the petitioner in accordance with law. The application is disposed of with the above order. Application disposed of.