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Mata Prasad vs State of U.P.& Anr.

Allahabad High Court · Decided on 8 November 1993 · Citation: (1993) 11 AHC CK 0040

HON’BLE JUDGES
Virendra Saran, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 205
RESULT
Disposed Of
CASE NUMBER
Criminal Revision No. 1774 of 1993
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Judgment

8 paragraphs · 358 words

Vlrendra Saran, J.—This criminal revision has been filed by Mata Prasad, against the order dated 3081993, passed by Sri S. B. Singh, VI A.C.J.M. Allahabad, rejecting the application of the revisionist for his exemption from personal attendance in cases No. 600 of 1992 under Sections 504, 506, 342, I. P. C. and directing the applicant to file a personal bond of Rs. 1,500 and sureties in the like amount on the next date fixed in case, that it 18111993.

2.

I have heard the learned Counsel for the applicant and the learned State Counsel.

3.

It appears that the applicant has already appeared before the Court concerned on 1271993. Thereafter the case was fixed on 1781993 but on 1781993 the witnesses were not present and they were summoned for 2881993. On 2881993 the complainant was absent and the accused were present. On 3081993 the impugned order was passed.

4.

I have gone through the allegations made in the F.I.R. No serious offence is spelled out from its narrations. Considering the peculiar facts and circumstances of the case it would be in the interest of justice that the personal presence of the applicant may be exempted in future. The applicant may, however, file only a personal bond of Rs. 1,500 before the Magistrate concerned for his apppearance. He may do so even before 18111993.

5.

In the result, it is directed that the applicant may file a personal bond of Rs. 1,500 before the Magistrate concerned on the date fixed in the case or even earlier and thereafter the learned Magistrate shall exempt his personal attendance in the case. If for any specific purpose the personal presence of the applicant is necessary, such as the recording of the statement of the accused, the learned Magistrate shall give notice to the learned counsel for the applicant, through whom appears in Court and on that particular date applicant will appear in court.

6.

With the above directions, the revision is finally disposed of.

7.

A certified copy of the order shall be supplied to the learned Counsel for the applicant on payment of usual charges by tommorow positively.

Revision disposed of.