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1. Refusal of exemption from personal appearance under Section 205 of the Criminal Procedure Code by the Chief Metropolitan Magistrate, Calcutta. Analysis: The judgment by P.N. Sinha, J., revolves around a revisional application challenging the order of the Chief Metropolitan Magistrate, Calcutta, refusing the petitioner's prayer for exemption from personal appearance under Section 205 of the Criminal Procedure Code. The learned Magistrate had taken cognizance of the offence under Section 85(a)(i)(a) of the E.S.I. Act and issued process against the petitioner and others. Subsequently, an application under Section 205 of the Criminal Procedure Code was filed, seeking permission for representation without the need for personal appearance. The court referred to the Supreme Court's ruling in Bhaskar Industries Ltd. v. Bhiwani Denim Apparels Ltd. and Ors., emphasizing that accused individuals can be represented under Section 205 before their first appearance in court. The judgment highlights the court's view that in cases of this nature, accused persons can indeed be permitted to have representation under Section 205 of the Criminal Procedure Code even before their initial appearance in court. The accused petitioner was granted permission to be represented by a learned Advocate who would act on their behalf in the lower court. However, a crucial condition was imposed, requiring the accused to submit a written undertaking to the court, confirming that they would not contest their identity, and the trial would proceed in their absence. Consequently, the revisional application was disposed of by directing the Chief Metropolitan Magistrate, Calcutta, to allow the petitioner's request for representation under Section 205 without the necessity of a preliminary appearance before the Magistrate. Moreover, the judgment instructs the Criminal Section to dispatch a copy of the order to the Chief Metropolitan Magistrate, Calcutta, through a special messenger, with the petitioner bearing the associated costs to be deposited by the following day. This comprehensive analysis of the judgment underscores the significance of the accused's right to representation under Section 205 of the Criminal Procedure Code, even prior to their initial court appearance, based on relevant legal precedents and considerations.
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