LAWS(PVC)-1948-12-47

MADHAO RAO NARAYAN RAO GHATATE Vs. ISWARDAS SHEORATAN BAGDI

Decided On December 13, 1948
MADHAO RAO NARAYAN RAO GHATATE Appellant
V/S
ISWARDAS SHEORATAN BAGDI Respondents

JUDGEMENT

(1.) The questions referred to us are: 1. Whether the High Court has inherent powers to exempt an accused from appearance in Court beyond those contained in Ss. SOS and 610-A, Criminal P. C. ? and

(2.) Is ML Saji V/s. Mt. Bhimi, A.I.R. (17) 1930 Nag 61 rightly decided ? 2. The sections which deal with or are said to deal with the power to dispense with the personal attendance of the accused are Secs.205, 363 and B40A, Criminal P.C.

(3.) Section 205, Criminal P. 0. only deals with the cases in which a Magistrate issues a summons. It thus does not cover those cases in which warrants are issued or the accused are j brought under arrest or the accused appears before any process is issued.