Single judge bench of Patna High Court held as follows,
First two paras
1. Heard. Present application is directed against the Trial Court’s order dated 16.6.2006 by which the petitioner’s prayer for exemption from personal appearance in terms of Section 205 Cr.P.C., has been rejected on the sole ground, that the prosecution is for an offence under Section 498A which is a warrant case, and, as such, the privilege under Section 205 Cr.P.C. cannot be extended.
2. To my mind, such an order is not sanctioned in law and shows the inability of the learned Magistrate to read the provision correctly. Section 205 Cr.P.C. is preconditioned on summons being issued at the first instance. Here, it is not disputed and is apparent from the impugned order itself, that summons were issued at the first instance. Summons for appearance predicates appearance through Lawyer or in person, it does not provide that a person has to appear in person. Therefore, it is simple that if pursuant to summons issued, a person to whom summons are issued appears through Lawyer, then compliance is complete and his appearance is valid. In such a case, no Court can then reject the appearance and direct that the persons summoned, must appear in person as by appearance through the lawyer, he has already submitted to the jurisdiction of the Court. He can now be taken into custody only, if, pursuant to his appearance and the bond executed for continuing to appear he defaults and not otherwise.
Casemine version:
Md. Naimuddin Vs State of Bihar and Ors on 08 Dec 2006 (CM)Legal Quest version:
Md. Naimuddin Vs State of Bihar and Ors on 08 Dec 2006 (LQ)Citations : [2006 SCC ONLINE PAT 977], [2007 PLJR 2 260]
Other sources:
Index here.
