TMI Blog2009 (6) TMI 1017X X X X Extracts X X X X X X X X Extracts X X X X ..... ning under Section 313 of Code of Criminal Procedure. Under Annexure-2 order, learned Magistrate dismissed the petition holding that the decisions relied on by the petitioner are not applicable as they are in respect of summons case and as the case is being tried as a warrant case exemption cannot be granted and after framing of charge the prayer could be considered. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-2 order and to grant the permission is sought for. CRMC 1820/09 2. Learned counsel appearing for petitioner and learned Public Prosecutor were heard. 3. Sub Section 1 of Section 205 of Code of Criminal Procedure provides that whenever a Magistrate issues a summ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ite of the mandates under Section 273 of Code of Criminal Procedure that all evidence at the time of trial is to be taken in the presence of the accused, exemption can be granted in appropriate cases. 4. Apex court in Chandu Lal Chandraker v. Puran Mal and another (1988) Supp. SCC 570) declared that in a given case even the statement of the accused under Section 313 could be dispensed with, if the accused requests and undertakes that he would not raise any question of prejudice for his non examination at any subsequent stage of trial, appeal or revision. In such circumstances, I find no reason to hold that the plea of not guilty cannot be allowed to be pleaded by the counsel for and on behalf of the accused in appropriate cases. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m by his counsel at the time of trial, the conditions enumerated by the Apex court in M/s.Bhaskar Industries Ltd. v. M/s.Bhiwani Denim and Apparels Ltd and others (AIR 2001 (3) SC 3625) must to be complied with. They are (1)accused shall undertake that he would not dispute his identity as the particular accused in the case (2) he should undertake that the counsel in his behalf should be present in court (3) that he has no objection in taking the evidence in his absence treating the presence of the counsel as his presence, in compliance with Section 317 of Code of Criminal Procedure. If such an undertaking is given by the petitioner, I find no reason not to exercise the discretion in favour of the accused even in a warrant trial by the Magis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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