N.M.KASLIWAL, J. - (1.) THIS is a petition under Section 482, Criminal Procedure Code, 1973, in relation to an order passed by the learned Sessions Judge, Jaipur City, Jaipur dated 20th November, 1980, in criminal case No. 1/80 State v. R.K. Karanjiya and Ors.
(2.) THE prosecution case is that a news was published in Hindi News Paper Blitz dated 18 -8 -1979 which was defamatory to Mr. Mitha Lal Mehta, IAS, Government of Rajasthan. The Public Prosecutor filed a complaint under Section 500 and 501, IPC in the Court of Sessions Judge, Jaipur City, Jaipur against Shri R.K. Karanjiya, Nand Kishore Notiyal and Hirendra Mukarjee. Petitioner Shri R.K. Karanjiya put in his appearance through Counsel on 30th September, 1980, though summons were not served on him till then. The case was adjourned to 20th November, 1980. The Counsel for the petitioner submitted an application for exempting the petitioner from personal attendance under Section 205, Criminal Procedure Code. The learned Sessions Judge, passed the impugned order taking the view that as Shri Karanjiya had not appeared personally on any date, as such there was no justification for exempting his personal appearance. The learned Sessions Judge, as such, passed an order summoning the petitioner by bailable warrant of Rs. 101/ -. The petitioner has filed the present petition against the aforesaid order of the learned Sessions Judge. Mrs. Kamla Jain and Mr. Girdhar Gopal Sharma, learned Public Prosecuiors appearing on behalf of the State of Rajasthan made a statement at the bar that they have no objection in the grant of exemption to the petitioner provided the petitioner gives an undertaking that he would present himself as and when called by the learned Sessions Judge the learned Counsel appearing for the petitioner also agreed to the above statement made by the learned Public Prosecutors. In view of the statement made by the learned Counsel for both the parties, it is not necessary to pass a detailed order.
(3.) THE petition is accordingly allowed, the order of the learned Sessions Judge dated 20 -11 -1980, as regards summoning the petitioner R.K. Karanjiya by bailable warrant of Rs. 101 -, is set aside and it is directed that the personal attendance of the petitioner is dispensed with on the condition that the petitioner would present himself in future as and when the learned Sessions Judge requires his presence necessary in the case and would direct him to appear personally.;