- (1.) This criminal revision has been moved against an order passed by the Learned Municipal and Metropolitan Magistrate, Calcutta in connection with a case instituted on a complaint for alleged violation of the provisions of Section 202 (4) of The Kolkata Municipal Act, 1980, rejecting the petitioner's application under Section 205 of the Code of Criminal Procedure on the ground of not making his first appearance before the Court as well as for quashing of the entire proceedings.
(2.) Heard the Learned Counsels appearing on behalf of the parties. Perused the materials on record.
(3.) In the case at hand, the petitioner has been sought to be prosecuted under Section 202 (4) of the Kolkata Municipal Act, 1980, for which punishment prescribed is an imprisonment for a term that may be extended upto six months and with fine not exceeding Rs. 50,000/-. Therefore, the alleged offence is a summons case as not related to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. It is well settled in such case an accused can very well make his first appearance in the Court through his lawyer and even his application for dispensation of his personal appearance can very well be taken into consideration by a Court without insisting him to make first his appearance in Court. Thus, the order impugned cannot be sustained and same is accordingly set aside. In this connection the decision of the Hon'ble Supreme Court in the case of Bhaskar Industries Ltd. Vs. Bhiwani Denim & Apparels Ltd. & Ors., 2001 7 SCC 401, can be referred very well.;