Decided on July 29,1955

Anand Martand And Anr. Appellant
Anant Pandurang Respondents


Samvatsar, J. - (1.) ONE Anant Pandurang Vaidya filed a criminal complaint against the Petitioners (1) Anant son of Martand and (2) Vasaut son of Martand, in the Court of Sub -Divisional Magistrate, 2nd Class, Dhar under Section 478/448, I.P.C. The learned Magistrate took cognizance of the offence and issued a bailable warrant for Rs. 200/ - to secure the attendance of the accused.
(2.) THE accused appear to he residents of Poona. On process being served they applied through their pleader Mr. Chandmal Gupta for exemption from personal attendance. Anant was ill and exemption was granted to him under Section 540A, Code of Criminal Procedure, during the period of his illness but the prayer to exempt Vasant was rejected by the learned Magistrate by his order dated 29 -12 -1953. The Petitioners preferred a revision application to the Sessions Judge, Dhar. The learned Judge being of the opinion that the prayer of the Petitioners deserved to be granted, has referred the case to this Court under Section 438, Code of Criminal Procedure .
(3.) IT was conceded by Mr. Pradhan, the learned Advocate for the complainant Anant Pandurang Vaidya, that it was a fit case for granting exemption from personal attendance to the accused as otherwise they would have to go from Poona to Dhar on every date of hearing. The accused are also not charged with the commission of a very serious offence which would require their personal presence in Court. Both the Counsel agreed that the High Court had power to grant the prayer of the Petitioners under Section 561 -A and that this was a fit ease for exorcising that power.;

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