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2009 DIGILAW 288 (ORI)

UMAPADA BOSE v. STATE OF ORISSA

2009-03-30

S.PANDA

body2009
JUDGMENT : S. Panda, J. - The Petitioners have filed this application u/s 482 Code of Criminal Procedure challenging the order dated 9.2.2009 passed by the learned S.D.J.M., Kendrapara in I.C.C. Case No. 283 of 2003 rejecting the application u/s 205 Code of Criminal Procedure 2. Opposite Party No. 2 filed a complaint against the Petitioners. As per the complaint allegation, the news item published in the Sambad Kalika dated 14.11.2007 contains false, imaginary allegation against him with intention to harm his reputation, character, honesty and integrity. 3. From the record, it appears that the learned S.D.J.M., Kendrapara took cognizance of offence u/s 500 of the Indian Penal Code against the Petitioners. Thereafter, proceeding was initiated which was registered as I.C.C. Case No. 283 of 2008. After receiving notice, the Petitioners has appeared and filed an application u/s 205 Code of Criminal Procedure to dispense with their personal attendance in the Court and their application was rejected by the learned S.D.J.M. Kendrapara on the ground that the Petitioners were avoiding the Court to delay the proceeding. 4. Learned Counsel for the Petitioners has submitted that there was no material on the record to show that the Petitioners have taken adjournment or trying to delay the proceeding. The Petitioners are ready and willing to present in the Court as and when necessary. 5. Section 205 Code of Criminal Procedure deals with exemption from initial appearance and not during trial. Personal attendance can also be dispensed with at the time of issuing summons but the record must show that the person representing the accused has been duly appointed by him and Magistrate may at any time rescind the exemption order and enforce attendance of the accused. Having regard to the circumstances of each case the Magistrate has to apply his mind and examine the necessity of his personal appearance. 6. Therefore, the impugned order passed by the learned S.D.J.M. is set aside. The Petitioner's application u/s 205 Code of Criminal Procedure is allowed and they shall appear before the learned S.D.J.M. as and when required during the trial. 7. With the above observation and direction, the CRLMC is disposed of. Urgent certified copy of this order be granted on proper application. 8. CRLMC disposed of.