Srinibash Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.775 of 2022 Srinibash Behera ....

Petitioner Mr. R. Prusty, Advocate -versusState of Odisha ....

Opposite Party Ms. S. Mishra, A.S.C.

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

06.04.2022 Order No.

01.

1. Heard Mr. R. Prusty, learned counsel for the Petitioner as well as Ms. S. Mishra, learned A.S.C. for the State-Opposite Party.

2. The rejection of prayer of the Petitioner under Sec.205, Cr.P.C. is the subject matter of challenge before this Court.

3. The offences alleged are under Secs.181/177 of the M.V. Act. The Petitioner through his pleader appeared on 6.1.2022 and 17.1.2022 and prayed for dispensing with his personal attendance under Section 205, Cr.P.C. This was rejected by the learned Magistrate.

4. Considering the fact that the offences alleged are summary triable, the prayer of the Petitioner to dispense him from personal attendance under Section 205 of the Cr.P.C. is allowed. Learned Magistrate is directed to pass appropriate directions in this regard

including conditions, if any necessary, on receipt of certified copy of this order.

5. With the aforesaid direction, the CRLMC is disposed of.

6. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge B.K. Barik