NURE ALAM CHOWDHURY, J. - (1.) THIS application under section 482 of the Code of Criminal Procedure is directed against the order dated 3.6.1995, passed by Sri. A. Das, learned Metropolitan Magistrate; 6th Court, Calcutta, in case No. C/537/94 rejecting the petitioner's application under section 284 of the Code of Criminal Procedure, for issuing a commission for his examination in the case.
(2.) HEARD Mr. Dilip Kumar Dutta, learned Senior Advocate for the petitioner and Mr. Biman Kanti Basu, learned Senior Advocate for the opposite party.
(3.) IT appears from the Medical certificates annexed to the petition concerning the petitioner, that the petitioner is a very old man aged about 80 years and has been suffering from serious illness and it may be a serious risk of his life for his examination in Court. This Court therefore sets aside the impugned order dated 3.6.1995 passed by the learned Metropolitan Magistrate, 6th Court, Calcutta in Case No. C/537/94 under Section 500 of the Indian Penal Code and directs the learned Metropolitan Magistrate, 6th Court, Calcutta to dispense with the attendance of the petitioner before the Court for his examination and to issue a commission for the examination of the petition at the cost of the petitioner to be determined by the learned Magistrate.;