Allowed

Prashant Patra v. Harekrushna Satpathy

Orissa HC16 Nov 2019CRLREV/729/2019

Case brief

AI extract

What is this about?

The Court allowed a criminal revision under section 205 of Cr.P.C., holding that refusal to exempt personal attendance was unjustified where the case stemmed from a running civil dispute. The order directed the petitioner to appear through counsel subject to an undertaking.

What did the court decide?

Personal attendance of petitioner exempted; permitted to appear through counsel subject to undertaking to appear in person if directed.

Prashant Patra Vs Harekrushna Satpathy — Contract and Commercial Disputes | Orissa HC (2019)

¶1

CRLREV NO. 729 OF 2019

¶2

16.11.2019

¶3

The petitioner by filing this revision has assailed an order dated 12.09.2019 passed by the learned J.M.F.C., Jatni in ICC Case No. 09 of 2014.

¶4

By the said order, the application filed by the petitioner (accused) under section 205 of the Cr.P.C. has been rejected.

¶5

Learned counsel for the petitioner submits that this case has arisen out of a complaint filed by the opposite party no.1 when after investigation police submitted final report in the case which had been registered pursuant to the receipt of the complaint forwarded by the learned Magistrate under section 156(3) of the Cr.P.C. It is his submission that in the factual settings of the case, the objection of the opposite party (complainant) to the prayer that personal appearance of the petitioner is essential for establishing their identity is without any basis, especially when civil dispute between the parties with regard to the subject matter is running. He thus submits that keeping in view the objective behind engraftment of the provision under section 205 of the Cr.P.C. and in the facts and circumstances, the order is liable to be interfered with in exercise of revisional jurisdiction.

¶6

Learned counsel for the State submits all in favour of the impugned order. He further submits that keeping in view the fact that the petitioner is a permanent resident of a place situated at a short distance from the court, there arises no reason for filing such application when he could well seek exemption of his from their personal appearance

¶7

= 2 =

¶8

on any day of posting of the case in case circumstances so demands by filing application in that regard for its consideration.

¶9

Keeping in view the submissions made, the impugned order being perused; it is seen that the court below having taken note of the fact that there is no such inconvenience for the petitioner to attend the court as also apprehending that he may harass and deliberately intimidate and instigate the complainant has refused to exempt the personal attendance of the petitioner in the case and permit him to appear through his lawyer. These reasons in the factual settings of the case and in view of the surrounding circumstances do not appear to be justified.

¶10

In view of all the aforesaid, this Court being inclined to set aside the impugned order; directs that the personal attendance of the petitioner in the case be exempted and he be permitted to appear through his learned counsel engaged in the case subject to submission of an undertaking in form of affidavit that he would appear in person before the court as and when so directed through his representing counsel and that failure to do so would entail necessary consequential coercive action as provided in law.

¶11

The CRLREV is accordingly disposed.

¶12

Issue urgent certified copy as per rules.

……………………..

= 3 =

D. Dash, J.

Narayan

Prashant Patra v. Harekrushna Satpathy

Case brief

What is this about?

What did the court decide?

Prashant Patra v. Harekrushna Satpathy

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

Similar cases

Sitakanta Mohapatra Vs State of Orissa

P.Jagannath Vs Sunita Bisoyi

Ramakanta Nayak Vs Itishree Mohapatra

Satyabhama Dei Vs Chintamani Nag

Jagannath Baithalu Vs State of Odisha

Laxminarayan Khandual Vs State of Odisha(Vig.)