H.C.MISHRA, J. - (1.) HEARD learned counsel for the petitioner and learned counsel for the State.
(2.) PETITIONER is aggrieved by order dated 12.6.2014 passed by Sri S.B. Sharma, learned Judicial Magistrate, 1st Class, Ranchi, in Complaint Case No.1466 of 2013, whereby the application filed by the petitioner under Section 205 of the Cr.P.C., for dispensing with the personal appearance of the petitioner in the case, has been rejected by the Court below.
(3.) FROM the impugned order, it appears that the petitioner has not appeared pursuant to the summons issued against him. Learned counsel for the petitioner has submitted that on the first date, after receiving the summons, the petitioner had filed the application under Section 205 of the Cr.P.C., which has been rejected by the Court below. It has been submitted that the petitioner is a Managing Director of M/s General Cement Products (P) Ltd. and he has been made accused in the said capacity. The petitioner is permanent resident of Kolkata and he is also always busy with the affairs of the Company. Apart from that, he is an old person aged about 60 years and suffering from several illness. Learned counsel accordingly, submitted that it is a fit case in which the petitioner should have been exempted from personal attendance under Section 205 of the Cr.P.C., and has submitted that the impugned order passed by the Court below is absolutely illegal, as the application filed under Section 205 of the Cr.P.C., has been rejected on the ground that the petitioner had not appeared in the Court below. Learned counsel has submitted that it is not necessary that in all the cases, the petitioner must appear first and then file application under Section 205 of the Cr.P.C.;