HIRANAND JHA SHASTRI & ORS. Vs. THE STATE OF BIHAR & ORS.

JUDGEMENT

(1.) The petitioners are aggrieved by an order refusing to grant them exemption from appearance in court and allowing them to be represented by their counsel. The learned Sessions Judge has said that Sec. 205 of the Code of Criminal Procedure does not apply to him but only to Magistrates. The very first line of Sec. 204 of the Code of Criminal Procedure, hereinafter referred to as "the Code", is an answer to the in correct interpretation of the court below. From the following words "if in the opinion of a Magistrate taking cognizance of an offence", it is clear that only such Magistrate who takes cognizance has a right to issue process. The Sessions Judge has been given extra -ordinary power under sec 199(2) of the Code to take cognizance and (sic)ike Sec. 198(b) of the old Code of Criminal Procedure to power to issue processes has been granted in that section. If the interpretation of the learned court below is allowed to be accepted then the court can only take cognizance and cannot summon the accused. In Sec. 237 of the Code procedure for holding the trial has been laid down. From this it is clear that the procedure that the Sessions Court has to adopt is similar to that of a Magistrate. Since as a result of Sec. 237 of the Code the procedure followed by a Magistrate has to be applied, the only provision by which an accused can be brought before the court is Sec. 204 of the Code and, therefore, it is always open a court to pass an order under Sec. 205 even if it is proceeding under Sec. 199 (2) of the Code. I am thus holding that the Sessions Judge who is going to hold trial in view of Sec. 199(2) of the Code read with Sec. 237 of the Code, is entitled to pass an order under Sec. 205 of the Code. In regard to the merits of the matter in view of the fact that the Petitioners are busy newspaper men being Editor, printer, publisher etc. I see no reason why the court should insist on their presence on all the dates on which the case is fixed. The petitioners are, therefore, directed to appear on the next date fixed by the court when they should be granted bail and they should be exempted from personal appearance and they will appear through their counsel on future dates unless the court wants them specifically for any particular purpose for which specific order will be passed by it. The application is accordingly disposed of after bearing both the parties.