BHRAMARBAR SUBUDHI Vs. SAYED AJHAR ALLI

JUDGEMENT

(1.) THE petitioners, who were accused persons in ICC No. 2303 of 2003 in the Court of the learned S.D.J.M., Bhubaneswar, have filed this application challenging the order dated 18.12.2005 whereby their petition to extend the benefit of Section 205 Cr.P.C. for dispensing with their personal appearance was rejected and they were directed to appear physically before the Court failing which coercive measure shall be take for causing their appearance.

(2.) THE plea of the petitioners for dispensing with their personal appearance was that petitioner No. 1 is a sick person having cardiac problem, petitioner No. 2 is prosecuting his higher studies and petitioner No. 3 is an Advocate of Bhubaneswar Bar and there is no likelihood on their part not to appear in the Court on the date fixed by the Court; they are respected persons of the locality and there is no chance of their absconding at any stage of the trial.

(3.) ACCORDINGLY , petitioner No. 1 persuaded the complainant to purchase the plot misleading him on the ground that he is the owner of the land. In good faith, the complainant and his father gave consideration money of Rs. 65,000/ - to petitioner No. 1 and in return petitioner No. 1 executed an agreement to sell the aforementioned plot and handed over the possession of the property to the complainant. Even though petitioner No. 1 did not have any title over the property, in connivance with petitioners 2 and 3 he executed the agreement on 10.8.2003 in order to cheat the complainant. When the complainant started construction over the plot on 10.9.2003, some outsiders and Gunda type of persons quarrelled with him and stopped the construction work. The complainant asked petitioner No. 1 to return his consideration money. All the three petitioners suddenly rushed towards the complainant and abused him in filthy languages as well as threatened him to take away his life. Hence the complainant filed complaint petition (ICC No. 2303 of 2003) against the petitioners for committing an offence punishable under Sections 420, 506 and 34 I PC in the Court of the learned S.D.J.M., Bhubaneswar. All the petitioners appeared in the case through their Advocate and filed petition under Section 205 Cr.P.C. for dispensing with their personal appearance and hence this revision.