Allowed

Muralidhar Nayak v. Rasmita K.Senapati

Orissa HC3 May 2017CRLMC/2024/2009

Case brief

AI extract

What is this about?

The High Court allowed the Criminal Revision Petitioner's challenge against an order rejecting his prayer for dispensing with personal attendance under Section 205 Cr.P.C. remanding the matter to the trial court in light of a similar order passed for a co-accused.

What did the court decide?

Impugned order set aside; matter remitted to trial court to consider the prayer for dispensing with personal attendance afresh.

Muralidhar Nayak Vs Rasmita K.Senapati — Orissa HC (2017) — LawSathi Research

¶1

 05. 03.05.2017 CRLMC No.2024 of 2009

¶2

 Heard.

¶3

 The petitioner in this CRLMC filed under Section 482 of the Cr.P.C. ha
s assailed the order dated 16.05.2009 passed by the learned S.D.J.M., Bhanjanagar in I.C.C. No
.64 of 2006 rejecting his petition filed under Section 205 of the Cr.P.C. for dispensing with
his personal attendance.

¶4

 Learned counsel for the petitioner submits that prayer for dispensing
with the personal attendance of the co-accused similarly situated to the petitioner having bee
n allowed by this Court vide order dated 27.03.2009 passed in CRLMC No.494 of 2009, the prayer
 made by the petitioner should not have been rejected by the court below.

¶5

 Considering the fact that similarly situated co-accused to the petitio
ner has been allowed to be represented under Section 205 of the Cr.P.C., this Court while sett
ing aside the impugned order, remit back the matter to the trial court to consider the prayer
of the petitioner afresh taking note of the order passed in CRLMC No.494 of 2009 within a peri
od of fifteen days of receipt/ production of this order whichever is earlier.

¶6

 With the aforesaid order, this CRLMC stands disposed of being allowed.

¶7

 ..
 S.Pujahari, J.

¶8

BJ

¶9

Muralidhar Nayak v. Rasmita K.Senapati

Case brief

What is this about?

What did the court decide?

Muralidhar Nayak v. Rasmita K.Senapati

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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