HAMERKUNWARBAI Vs. STATE

JUDGEMENT

(1.) ACCUSED Hamerkunwarbai was prosecuted along with accused Bahadursingh for an offence under Section 33 of the Madak Dravya Vidhan. Tile case was being tried as a summons case. An application was submitted on behalf of Hamerkunwarbai for being allowed to appear by her pleader.

(2.) THIS application was not entertained by the learned Magistrate on the ground that the plea of the accused was to be recorded. He held that the application for her being allowed to appear by a pleader would be considered after recording her plea.

(3.) A petition for revision of this order was filed in the Court of the Additional Sessions Judge Mandsaur who relying upon the decision Champa Devi v. Babulal Goenka , held that it was competent for the learned Magistrate to record the plea of the accused by putting questions to her counsel and that it was not necessary for that purpose to enforce her attendance. He has therefore made this reference recommending that her presence at this stage should not be enforced particularly for the purpose of recording her plea.