9911796707
TMI Blog1998 (2) TMI 617X X X X Extracts X X X X X X X X Extracts X X X X ..... . Case No. 867 of 1997 of the Court of S.D.J.M., Bhubaneswar. Cognizance of the offences Under Sections 420/120B, I.P.C. has been taken on the allegation of cheating to the tune of lakhs of rupees in connection with a mining dealing. On the basis of the information lodged by the complainant police investigated into the case and submitted charge-sheet against the petitioner Maitri Shukla and on that basis on 13-5-1997 cognizance was taken. Complaint filed a protest petition in which an inquiry was conducted Under Section 202 of the Code and vide order dated 21-8-1997 cognizance for the aforesaid offences was taken against both the petitioners. After taking cognizance, order was passed by the learned S.D.J.M. to issue summons to both the accu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appearance of the petitioners and they sought for time on one ground or other. On 12-1-1998 adjournment was sought for on the ground that the petitioners have challenged correctness of the order dated 3-11-1997 in these two petitions. That ground was not treated as sufficient and order was passed to issue N.B.W.A. That is the whole background fact. 4. Learned counsel for the petitioners citing a series of decisions argues that the discretionary power to allow the representation was not considered judiciously and liberally and the S.D.J.M. rejected their prayer on flimsy grounds. He also argues that the complainant has no locus standi to contest this matter in view of the ratio in the case of Sudhakar Das v. Nirupama Mishra 62 (1986) CLT 44 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hear the complainant if he appears and prays to be heard. 6. Learned counsel for the petitioners argues that when petitioner-Maitri Shukla is a lady aged about 87 years and petitioner-K.S. Ahluwalia is residing at a distant place from Bhubaneswar, and the principle of law as propounded by this Court in the cases of Jogendra Mohan Panda v. State; Rudrapanki Dhurjati Devara v. Rama Chandra Subudhi (1988) 1 OCR 108; Jayakrishna Das v. State of Orissa (1988) 1 OCR 628; Hiramani Pattanaik v. Kumudini Devi 67 (1989) CLR 313; Ramesh Chandra Lath v. State of Orissa; K. Nageswar Senapati v. K.C. Panda (1995) 8 OCR 94; K. Narayan Patra v. Gopinath Sahu; Bikram Kumar Routray v. State of Orissa (1994) 7 OCR 721 : (1994) 2 OLR 537; Sudhakar Das (62) 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... suitable cases by due exercise of judicial discretion; ii) when the alleged offence(s) involves moral turpitude, relates to grievous offences or prescribes considerable length of substantive sentences, the Court exercising the discretion shall take the total fact and circumstances into consideration and through a speaking and reasonable order exercise the discretion judiciously; iii) no hard and fast rule or a strait-jacket 'formula can be prescribed as to where exemption shall be granted and when it is to be refused. It all depends upon the facts and attendant circumstances and the wisdom of the Court; iv) when there is no prospect of quick disposal of the case, no question involves identity of the accused, direction for personal appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , petitioners cannot resort to Section 205 stage is of no relevance in this case inasmuch as such petitions Under Section 317 were rejected as premature. 11. In view of the aforesaid discussions and findings there is nothing to interfere with the impugned order by invoking inherent power Under Section 482 of the Code. Accordingly both the criminal misc. cases are dismissed at admission stage. It is seen from the certified copy of the orders passed in the complaint case that learned S.D.J.M. has issued non-bailable warrant of arrests for default in appearance of the petitioners. It need not be construed as wilful default inasmuch as both of them approached this Court to get the relief of exemption from personal appearance. Hence, keeping in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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