- (1.) Since both the revisional applications being CRR No. 2317 of 1997 and CRR No. 2309 of 1997 are arising out of the same order, both the applications are taken up together for hearing.
(2.) In CRR No. 2317 of 1997 the petitioner has challenged an order dated 4.6.97 passed by the learned Chief Metropolitan Magistrate, Calcutta in Case No. C/632/96 rejecting the petitioner's application under Section 205 of the Code of Criminal Procedure.
(3.) In April 1996 the Enforcement Directorate lodged a petition of complaint in the court of learned Chief Metropolitan Magistrate, Calcutta alleging commission of an offence punishable under Section 56 of the Foreign Exchange Regulation Act, 1973. The said complaint was registered as Case No. C/632 of 1996. On receipt of such complaint the learned Magistrate took cognizance of the offence and issued process for appearance of the accused person. On receipt of summons the petitioner appeared through his Id. Advocate and filed an application under Section 205 of the Code of Criminal Procedure with a prayer for dispensing with the personal attendance of the petitioner and to permit him to be represented at the trial by his Id. Advocate. By an order dated 4th June, 1997 the learned Chief Metropolitan Magistrate, Calcutta rejected the petitioner's application under Section 205 of the Code of Criminal Procedure and directed him to be personally present in court on July 14, 1997.;