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2019 DIGILAW 581 (ORI)

Ashok Kumar Padhy v. Pratima Mohapatro

2019-09-13

S.PUJAHARI

body2019
ORDER : S. Pujahari, J. 1. Heard learned counsel for the petitioner. 2. This application under Section 482 Cr.P.C. has been filed by the petitioner with a prayer to quash the order dated 30.07.2019 passed by the learned J.M.F.C., Aska in I.C.C. Case No. 15 of 2018 rejecting the petition under Section 205 Cr.P.C. 3. The petitioner is a tenant in the complainant's house and as such, the dispute arose between the parties as the petitioner did not vacate the premises of the complainant after completion of agreement period. Being aggrieved by the same, the complainant filed a complaint case vide I.C.C. Case No. 15 of 2018 before the Court of learned J.M.F.C., Aska under Sections 448/323/294/506 I.P.C. against the petitioner wherein cognizance has been taken by the said Court for the aforesaid offences. 4. Subsequently, on being noticed, the petitioner filed a petition under Section 205 Cr.P.C. to dispense with his personal attendance as he is a busy businessman and in connection with his business he had to visit different places but the Court in seisin over the matter refused to allow such prayer as the petitioner had not furnished any proof thereof. 5. Considering the aforesaid facts and submission made so also the fact that the identity of the petitioner is not in dispute and the law laid down in the case of Bhaskar Industries Ltd. v. M/s. Biwany Denim and Apparels Ltd., reported in AIR 2001 SC 3625 , the Court concerned is directed to allow the petitioner's prayer to dispense with his personal attendance asking the petitioner to comply with the conditions to be imposed as mentioned in the case of Bhaskar Industries(supra). 6. With the aforesaid order the CRLMC stands disposed of.