Basumoti Adhikarini vs Budram Kalita

Prinsep and Ameer Ali, JJ.—This is an application complaining of an order passed by the Extra Assistant Magistrate of Goalpara, refusing to dispense with the personal attendance of a parda-nashin woman who has been charged with defamation. The Magistrate seems to think that, under the law, he has no such power, and the terras of his order leave it doubtful whether, if he held that he has such power, he would not have exercised it. It seems to us that the Magistrate has taken an erroneous view of the law in this respect, and that he is competent to dispense with the personal attendance of the lady under the provisions of Section 205, Code of Criminal Procedure. The offence, no doubt, is a warrant case, but u/s Section 204, a Magistrate can exercise his discretion in such a case and issue a summons instead of a warrant. In the present case the Magistrate apparently did exercise such discretion. Section 205 declares that, 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. The application of this section is not limited to summons cases, but to any case in which a Magistrate may issue a summons. Section 205 consequently applies to a case of this description. With the expression of this opinion as to the law, we leave it to the Magistrate to exercise such discretion as he thinks fit and proper.