TMI Blog2002 (9) TMI 69X X X X Extracts X X X X X X X X Extracts X X X X ..... ch the court in time as he was busy in the High Court but his junior, Mr. N.P. Mishra, advocate, appeared in the court. Yet learned Metropolitan Magistrate rejected the application and declined to grant exemption from personal appearance. Hence, this petition - the impugned order is set aside. The petitioners are exempted from personal attendance unless the learned Metropolitan Magistrate for reas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... harge evidence. Later on the petitioners moved another application claiming exemption from personal appearance. That application was supported by the affidavits of counsel for the petitioner wherein it was averred that Mr. K.R. Manjani, advocate, learned counsel for the petitioner, could not reach the court in time as he was busy in the High Court but his junior, Mr. N.P. Mishra, advocate, appeare ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or marking his attendance just for the sake of seeing him in the court. It is to enable the court to proceed with the trial. If the progress of the trial can be achieved even in the absence of the accused the court can certainly take into account the magnitude of the sufferings which a particular accused person may have to bear with in order to make himself present in the court on every date of he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asons to be recorded in writing, considers their presence to be necessary for any particular date. The petitioners shall file the requisite undertaking before the learned Metropolitan Magistrate on the next date to the effect that they shall not dispute their identity and counsel shall appear on every date of hearing. With these directions, Crl M.M. No. 1999 of 2002 stands disposed of. - - T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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