MATA PRASAD Vs. STATE OF U P
LAWS(ALL)-1993-11-25
HIGH COURT OF ALLAHABAD
Decided on November 08,1993

MATA PRASAD Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) VLRENDRA Saran, J. This criminal revision has been filed by Mata Prasad, against the order dated 30-8-1993, passed by Sri S. B. Singh, VI A. C. J. M. Allahabad, rejecting the application of the revisionist for his exemption from personal attendance in cases No. 600 of 1992 under Sections 504, 506, 342, I. P. C. and directing the applicant to file a personal bond of Rs. 1,500 and sureties in the like amount on the next date fixed in case, that it 18-11-1993.
(2.) I have heard the learned Counsel for the applicant and the learned State Counsel. It appears that the applicant has already appeared before the Court concerned on 12-7-1993. Thereafter the case was fixed on 17-8-1993 but on 17-8-1993 the witnesses were not present and they were summoned for 28-8-1993. On 28-8-1993 the complainant was absent and the accused were present. On 30-8-1993 the impugned order was passed. I have gone through the allegations made in the F. I. R. No serious offence is spelled out from its narrations. Considering the peculiar facts and circumstances of the case it would be in the interest of justice that the personal presence of the applicant may be exempted in future. The applicant may, however, file only a personal bond of Rs. 1,500 before the Magistrate concerned for his apppearance. He may do so even before 18-11-1993.
(3.) IN the result, it is directed that the applicant may file a personal bond of Rs. 1,500 before the Magistrate concerned on the date fixed in the case or even earlier and thereafter the learned Magistrate shall exempt his personal attendance in the case. If for any specific purpose the personal presence of the applicant is necessary, such as the recording of the statement of the accused, the learned Magistrate shall give notice to the learned counsel for the applicant, through whom appears in Court and on that particular date appli cant will appear in court. With the above directions, the revision is finally disposed of.;


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