SMT. SAVITRI SAHUANI AND ANR. Vs. MAGUNI SAHU
LAWS(ORI)-1978-11-12
HIGH COURT OF ORISSA
Decided on November 07,1978

Smt. Savitri Sahuani And Anr. Appellant
VERSUS
Maguni Sahu Respondents

JUDGEMENT

P.K.Mohanti, J. - (1.) THIS criminal revision is directed against an order rejecting the prayer of the accused for exemption from personal attendance in Court under Section 205, Criminal Procedure Code.
(2.) ON a complaint petition filed by the opposite party the Petitioners along with their husbands were summoned to stand their trial for an offence under Section 380, Indian Penal Code. In obedience to the summons the Petitioners appeared before the Court through a lawyer and moved for bail. They also moved for exemption from personal attendance. The learned S.D.J.M. allowed the prayer for bail. As regards the prayer for exemption from personal attendance the learned S.D.J.M. made the following order: ...they are allowed to be represented through the lawyer under Section 205. Code of Criminal Procedure only after appearing in the Court in obedience to the summons issued to them. Aggrieved by this order the Petitioners have come up in revision. It is urged in this criminal revision that there are no sufficient grounds for insisting upon personal attendance in Court of the accused who are purdanashin ladies.
(3.) SECTION 205(1), Code of Criminal Procedure gives the Magistrate jurisdiction to dispense with personal attendance of the accused and the power to permit him to appear through his pleader at the initial stage. Sub -section (2) authorises the Magistrate to compel personal attendance of the accused at any later stage whenever it is considered necessary. The power under Sub -section (1) has to be exercised at the stage when the Magistrate is considering the issue of a summons or warrant for the appearance of the accused at the commencement of the proceeding - See Aditya Prasad Bagchi v. Jogendra Nath Maitra : A.I.R. 1948 All. 393, Sultan Singh Jain v. The State, 53 (1952) CriL.J. 66 (F.B.) and Nawab Zain Yar Jung and Ors. v. Dr. Raghotam Rao : A.I.R. 1957 A.P. 468.;


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