- (1.) IN this revision application, petitioners have prayed for setting aside the order dated 9-6-2008 passed by Shri P. Singh, Judicial Magistrate, Ranchi in Complaint Case No. 1304 of 2006, whereby the prayer of the petitioners for their exemption from personal attendance in the case, filed under Section 205 of the Cr. P. C. , was rejected.
(2.) FACTS of the case in brief is that the complainant/opposite party No. 2 filed a complaint against the petitioners on certain allegations and on the basis of which, cognizance for several offences including the offences under Sections 418, 465, 504 and 120-B of the Indian Penal Code was taken against them and summons in the first instance were issued, directing them to appear and face trial. The complainant/opposite party No. 2 being dissatisfied with the order of cognizance taken for the limited offences, filed a revision application before the Sessions Court against the order of cognizance, but the same was dismissed as withdrawn.
(3.) THE prayer of the petitioners for exemption from their personal appearance in the case was made on the ground that the petitioner No. 1 happens to be the Chairman of the institute of Science and Management and in his official capacity, he had to travel frequently outside the town of ranchi and, therefore, it would cause serious inconvenience to him if his personal appearance in the case is not exempted. On behalf of the petitioner Nos. 2, 3 and 4, the ground taken is that they being housewives and having children to look after, it would be highly inconvenient for them if they are compelled to appear before the Court in course of trial on each and every date and they therefore deserve the benefit of being exempted from their personal appearance in the case.;