Monoranjan Mallick, J. - (1.) The present petitioners have moved this court in revision being aggrieved by the order dated January 4, 1986, by which the learned Metropolitan Magistrate rejected the prayer of the present petitioners for exemption from examination under Section 313 of the Code of Criminal Procedure and issuing a warrant of arrest.
(2.) The petitioners who are accused in Case No. C/1832 of 1980 under Section 162(1) of the Companies Act, 1956, pending in the court of the Metropolitan Magistrate, 17th Court, Calcutta, after the close of the evidence for the prosecution, filed the application in terms of the proviso to Sub-section (1) of Section 313 of the Code of Criminal Procedure praying for dispensing with the examination under Section 313(1) of the Code on the ground that during the whole trial, the petitioners were exempted from their personal appearance under Section 205 of the Code. The learned Magistrate rejected their prayer and issued warrant of arrest against, them.
(3.) Being aggrieved, the present petitioners have filed this revision application contending, inter alia, that the learned Magistrate having allowed the present petitioners' prayer to be represented by their advocate under Section 205 of the Code of Criminal Procedure should have dispensed with their examination under Section 313, Criminal Procedure Code, after the close of the prosecution evidence when the present petitioners themselves prayed for dispensing with their examination.;