Amit Talukdar, J. - (1.) A pack of recalcitrant and procrastinating accused having taken the court for a ride and being caught on the wrong end have chosen to move this revisional application for setting aside the order directing their appearance and spurning their prayer for personal exemption.
(2.) The factual matrix leading to the filing of the present application relates to the process issued by the learned Additional Chief Judicial Magistrate, Sealdah on 27.3.2002 directing the accused persons hereinabove to answer the accusation under sections 504, 506 and 114 of the Indian Penal Code. On the fixed date, the accused No. 1 who is the petitioner No. 1 hereinabove, although was present to file a petition against the opposite party hereinabove under section 340 of the Indian Penal Code, chose to stay away from the proceeding of the present case. Neither he took any steps nor had he made any representation before the court effectively answering to the said process.
(3.) That not having been done the learned Additional Chief Judicial Magistrate by her order dated 3.5.2002 directed the accused persons to be present on 17.5.2002. On the said date, instead of appearing, they took out a petition under section 205 of the Code of Criminal Procedure along with the prayer for personal exemption and they cited a decision of Bhaskar Industries Ltd. v. Bhiwani Denim & Apparels Ltd. & Ors., reported in 2001 C Cr LR (SC) 481 However, the learned Additional Chief Judicial Magistrate directed the accused persons to appear and fixed 3.6.2002. Hence this application has been made for setting aside the said order.;