KAPUR, J. - (1.) FOUR accused-petitioners before me are facing trial for the offence under the Pollution Act, 1974. They are officers of M/s. Eicher Goodearth Limited, Alwar. They moved application under Section 205 Cr. P. C. before the learned Chief Judicial Magistrate for exemption from personal attendance. The learned Chief Judicial Magistrate has rejected the application saying that the offence is of a serious nature and that the personal attendance cannot be exempted on the ground that the accused persons are high officials and influential persons. The revision filed before the Sessions Judge was dismissed as non- maintainable. Now the petitioners have approached this Court under Section 482 Cr. P. C. For the petitioners Nos. 1 to 3 it has been submitted that they live out side Alwar and they are elderly persons whose presence is not required on every date of hearing. They undertake to appear whenever the Magistrate directs them to appear personally. As for petitioner No. 4, it is submitted that he is at Alwar and he can appear on all dates of hearing and he would be representing the accused in the case.
(2.) I need not go into the details and the reasons given by the petitioners for not appearing on each date of hearing. While disposing the application under Section 205 Cr. P. C. it is not necessary that the matter should be considered as if a decision is being given about the guilty or innocence of the accused. Attending cases on each date of hearing is not a punishment provided under the Indian Penal Code though in practice it is a torture to remain present in crowded court comes waiting for the case to be called. If the learned Chief Judicial Magistrate thinks that in this way he can make petitioners suffer some punishment then his concept is not inconsonance with the criminal jurisprudence. Whether a person should be granted exemption from personal attendance would depend upon the reasons given by him. The petitioner No. 1 is 70 years old person and based at Delhi. The petitioner No. 2 has been transferred to another unit while the petitioner No. 3 has left the Company and working with some other firm at Gurgaon. Where there are grounds for claiming exemption from personal attendance, they can be allowed to appear through pleader. Whereas, petitioner No. 4, who is posted at Alwar can attend the case on all dates of hearing. In the result, the petition of petitioners Nos. 1, 2 and 3 is accepted and they are allowed to appear through a pleader and at the same time whenever the Chief Judicial Magistrate directs their personal attendance they should appear before the court otherwise their attendance would be enforced in accordance with law. This case is of 1989. It is expected that the Chief Judicial Magistrate shall dispose it at an early date. .;