Mahesh Chandra Sharma, J. - (1.) This criminal misc. petition has been filed under Section 482 Cr.P.C. against the order dated 17.11.2009 passed by the Additional Chief Judicial Magistrate (Railway), Jaipur City in Criminal Case No. 1285/1997.
(2.) Brief facts of the case are that the petitioner is facing trial for the offence under Sections 141, 145, 146 and 147 of the Railway Act in the Court of Additional Chief Judicial Magistrate (Railway), Jaipur. The petitioner is resident of Mumbai. He moved an application under Section 205 Cr.P.C. for permanent exemption from appearance and allowing his appearance through his pleader which was rejected by the learned Trial Court by impugned order dated 17.11.2009. Aggrieved by the same, this petition has been filed.
(3.) Learned counsel for the petitioner has contended that petitioner has appeared before the Trial Court as per direction of this Court and submitted an application before the court concerned under Section 205 Cr.P.C. but the same was dismissed on 17.11.2009. He has further contended that as per joint consideration of Sections 205 and 317 Cr.P.C., the Court has been empowered to dispense with personal attendance of the accused. At this stage, learned counsel has. further contended that this court is fully empowered under Section 205 Cr.P.C. to dispense with personal attendance of the accused.;