Personal attendance of accused - Dispensation with -Discretion can be exercised by Magistrate throughout or at any stage of proceedings in summons case

Citation

AIR 2001 SUPREME COURT 3625

SUPREME COURT

(From : Madhya Pradesh)*

K. T. THOMAS , J. and K. G. BALAKRISHNAN , J.

Criminal Appeal No. 858 of 2001 (arising out of SLP (Cri) No., 1633 of 2001), D/- 27 - 8 - 2001

M/s. Bhaskar Industries Ltd Appellant v. M/s. Bhiwani Denim and Apparels Ltd. and others Respondents.

(A)Criminal P.C. (2 of 1974), S.397(2) - Constitution of India, Art.134 - Interlocutory order

- Order issuing bailable warrants by Magistrate - Plea that order is purely an interlocutory

order and revision against it could not have been filed before High Court - Not raised before

High Court - Cannot be raised for first time in appeal before Supreme Court by special leave

- Particularly in absence of other materials, to decide positively whether said order is an

interlocutory order only.

 (Paras 7 , 11) 

(B)Criminal P.C. (2 of 1974), S.317(1) - Personal attendance of accused - Dispensation with -

Discretion can be exercised by Magistrate throughout or at any stage of proceedings in summons

case - Accused residing or carrying on business at far distance - Magistrate when satisfied that

insistence on personal presence of accused would itself inflict enormous suffering on tribulations

to him - Can exercise his discretion by taking necessary precautions.

M. Cri. C. No. 1210 of 2000, D/- 22-11-2000 (Madh Pra), Reversed.