- (1.) BY Court:- Heard learned counsel for the petitioner and learned counsel for opposite parties.
(2.) THE petitioner is aggrieved by order dated 23.8.2003 passed by Sri B. B. Gautam, learned Judicial Magistrate 1st Class, Ranchi, in C-II Case No. 25 of 2002, whereby the application filed by the petitioner under Section 205 of the Cr.P.C. has been rejected by the Court below. It appears from the impugned order that cognizance has been taken against the petitioner for the offence under Sections 72-A and 72 C (i)(a) of the Mines Act, 1952, and summons and warrants were issued against him, which according to the petitioner, were not served upon him. However, the petitioner filed an application in the Court below under Section 205 of the Cr.P.C., for dispensing with his personal attendance in the Court below stating therein that he is suffering from various ailments, is living at Varanasi, where he is an Honorary Professor in B.H.U., and connected with several Organizations including the Coal India Ltd, Dhanbad, and due to his busy schedules, it was not possible for him to attend the Court on each and every date fixed in the case. The said application was dismissed by the Court below stating that the petitioner did not appear in the Court in spite of issuance of warrants and his claim for suffering from various ailments was not true, in view of the fact that he was actively connected with several Originations and accordingly, the application filed by the petitioner was dismissed by the Court below.
(3.) LEARNED counsel for the petitioner has submitted that the impugned order passed by the Court below is absolutely illegal, inasmuch as, the petitioner living at Varanasi and connected with various Organizations, has genuine difficulty in appearing in the case on each and every date. As such, the application filed by the petitioner ought to have been liberally considered by the Court below.;