Raghavachari Srinivisan & Ors vs The State Of West Bengal & Anr
2021 Latest Caselaw 674 Cal

Form No. J(2)

             IN THE HIGH COURT AT CALCUTTA
            CRIMINAL REVISIONAL JURISDICTION

Present:
The Hon'ble Justice Jay Sengupta


                      C.R.R. 1834 of 2020


                Raghavachari Srinivisan & Ors.
                              -vs-
                The State of West Bengal & Anr.


For the Petitioners         : Mr.   Sabyasachi Banerjee,
                              Mr.   Ritoban Sarkar,
                              Mr.   Soumya Nag,
                              Mr.   Subhadeep Adhikari

For the Opposite Party      : Mr. Anirban Ray,
                              Ms. Sreeparna Das,
                              Mr. Anirudha Agarwalla,
                              Mr. B. Sharma



Heard on: 28.01.2021

Judgment on: 28.01.2021

Jay Sengupta, J.:

     This is an application challenging the order dated

4.3.2020

passed by the learned Chief Judge, City Sessions

Court, Calcutta in Criminal Revision no.302 of 2019 thereby

dismissing the same and affirming the order dated 5.9.2019

passed by the learned Metropolitan Magistrate, 20th Court,

Calcutta in Case No. CS/30048 of 2019 pending before the

learned Metropolitan Magistrate, 20th Court, Calcutta under

Sections 138/141 of the N.I. Act.

Mr. Banrjee, learned counsel appearing on behalf of the

petitioners submits as follows. The petitioners' application

under Section 205 of the Code was allowed on consent on

5.9.2019. However, the order was subject to the condition that

the accused would remain present during plea, the examination

of the accused under Section 313 of the Code and the delivery

of the judgment. The petitioners challenged this order on the

point of imposition of such condition before the learned

revisional court. However, their application was dismissed. The

petitioners rely on the decision of this Court passed in Shaleen

Khemani and Ors. -vs- The State of West Bengal and Ors.,

MANU/WB/1355/2017 and submit that in the facts of the

present case, the present petitioners should be allowed the

privilege of exemption from personal attendance under Section

205 of the Code, even at the time of taking plea and the

examination of the accused under Section 313 of the Code.

Mr. Ray, learned counsel appearing on behalf of the

complainant/opposite party, upon instructions, submits as

follows. The complainant/opposite party has no objection if the

prayer of the petitioners for being allowed to be represented

under Section 205 of the Code at the time of recording of plea

and the examination of the accused under Section 313 of the

Code.

In view of the above, I set aside the impugned order and

direct that the petitioners shall be exempted from personal

appearance and be allowed to be represented under Section 205

of the Code, even during recording of plea and the examination

of the accused under Section 313 of the Code.

The petitioners shall not raise any prejudice at a

subsequent stage of the proceeding over this issue.

With these observations, the revisional application is

disposed of.

Urgent photostat certified copy of the order, if applied for,

be given to the parties, upon usual undertakings.

(Jay Sengupta, J.)

43/Ct.32 rkd