D.K.SINHA, J. - (1.) THIS Criminal Revision Application is directed against the order impugned passed by Special Judge. C.B.I., Dhanbad in R.C. Case No. 11 (a)/200 ID on 20.6.2006 whereby and where -under the petition filed on behalf of the petitioner Dharmadeo Prasad under Section 205, Cr PC for dispensation of his personal appearance was rejected.
(2.) MR . Bimal Kumar, Sr. learned Counsel submitted that the petitioner is aged about 80 years, completely bed ridden, against whom summon has been issued by the Court of Special Judge, C.B.I., Dhanbad calling upon the petitioner to appear in person or through his pleader at the first instance. But unfortunately, on account of his various ailments and over whelming medical reports in proof of his serious health condition, he preferred a petition under Section 205 Code of Criminal Procedure for his exemption from his personal appearance in the Court, and that he be represented through his counsel in the Court which was rejected. Advancing his argument the learned Senior Counsel submitted that pursuant to the notice received the petitioner appeared as witness before the CB1 under Section 161, Cr PC where he made statements that several years ago, he had identified the photograph of the accused Shri P.K. Mishra for opening his bank account at the S.K. Puri. Patna Branch, of the United Bank of India while the accused P.K. Mishra was residing in the portion of his house on rent situated at S.K. Puri. The rent of the house was being paid to the petitioner from the Railway Department, and as such, there being no mens rea and on good faith the petitioner had got open the bank account for the accused P.K. Mishra, the then a class I employee of Indian Railway. The petitioner was the retired Chief Engineer as well as freedom fighter now aged about 80,years. The co -accused P.K. Mishra has been admitted to bail. Advancing his argument learned Counsel submitted that the learned Special Judge, CBI, Dhanbad, while issuing summons dated 21st April, 2006 to the petitioner in the printed form called upon to the petitioner, "You are hereby required to appear (2) in marginal note it has been defined in (2) (in person or pleader as the case may be).
(3.) THUS in compliance of the said order/direction contained in the summons the petitioner appeared through his pleader for the reasons mentioned in the application. Section 205 of the Code of Criminal Procedure speaks: Magistrate may dispense with personal attendance of accused.(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader. (2) But the Magistrate inquiring into or trying the case may. in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided.;