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2005 DIGILAW 331 (ORI)

Pravakar Sarangi v. State of Orissa

2005-05-18

A.K.PARICHHA

body2005
ORDER 18.5.2005 — Although the matter is listed for admission, on the consent of the learned counsel for the parties, it is taken up for final disposal. Heard the learned counsel for the parties. The learned S.D.J.M., Bhubaneswar took cognizance of the offences under Sections 420, 468, 471, 467, 120-B of the I.P.C. in I.C.C. Case No. 1989 of 2004 and issued process against the accused petitioner asking him to appear in Court. On receipt of the summons the petitioner through his counsel filed a peti¬tion under Section 205 (1), Cr.P.C. to dispense with his personal attendance and to allow him to appear in Court through his coun¬sel. Learned S.D.J.M., Bhubaneswar by order dated 7.1.2005 reject¬ed the said prayer. Aggrieved, the petitioner has filed the present application under Section 482, Cr.P.C. with a prayer to quash the said order dated 7.1.2005 passed by the learned S.D.J.M., Bhubaneswar in I.C.C. Case No.1989 of 2004. Mr. B.P. Pradhan, learned counsel for the petitioner submits that the petitioner is working as the Road Transport Officer, Bhubaneswar and is a busy public functionary and his personal attendance is also not necessary for trial of the case as the question of personal identification is not involved. But the learned S.D.J.M., Bhubaneswar without appreciating these aspects and without assigning any reason rejected the said prayer. Accord¬ing to Mr. Pradhan the impugned order being a unreasoned one and contrary to the material on record and the settled principle of law deserves to be quashed. Mr. S. R. Mohapatra,learned counsel appearing for the in¬formant-opposite party No.2, on the other hand, submits that the petitioner is now posted at Bhubaneswar and will not face any hardship in appearing the Court in person. He also submits that the offences alleged are not petty in nature as some of those carry imprisonment up to 7 years and so rejection of the prayer of the petitioner for dispensing with his personal attendance was justified. Section 205(1), Cr.P.C. extends power to a Magistrate in seisin of the matter to dispense with personal attendance of an accused, if it sees reasons to do so. Section 205(1), Cr.P.C. extends power to a Magistrate in seisin of the matter to dispense with personal attendance of an accused, if it sees reasons to do so. Judicial pronouncements consistently say that if personal identification of the accused is not necessary for the trial of the case, if the accused is a busy public functionary or paradanashini lady, or sick infirm person, then personal attendance of such accused is to be dis¬pensed with under the provisions of Section 205(1), Cr.P.C. Admittedly, the petitioner is the RTO, Bhubaneswar and is a busy public functionary. His frequent absent from the office will not only cause hardship to him but also cause hardships to the public. In I.C.C. No.1989 of 2004 the allegation is that the accused Pradyumna Kumar Dash produced forged documents and got a vehicle registered in his name in the office of R.T.O., Bhubaneswar. The allegation against the petitioner is that as the R.T.O., Bhuba¬neswar he failed to verify those documents with due care before allowing registration. In case of this nature question of person¬al identification of the accused is not there. Further more Section 205(2), Cr.P.C. empowers the Magistrate to direct person¬al appearance of an accused at any time and so if there will be any necessity, the Court can direct the petitioner to appear in the Court. For the aforesaid reasons, the rejection of prayer of the petitioner for dispensing with his personal attendance was not proper. Accordingly, the impugned order dated 7.1.2005 passed by the learned S.D.J.M., Bhubaneswar in I.C.C. Case No.1989 of 2004 is quashed. Learned S.D.J.M., Bhubaneswar is directed to dispense with personal attendance of the petitioner under the provision of Section 205(1) of the Cr.P.C. if a fresh petition in that regard is made. The CRLMC is allowed. CRLMC allowed.