The main legal point established in the judgment is that the accused's advocate can represent him in the proceeding under section 251 of the Criminal Procedure Code, especially when the accused's age, sickness, and distant residence make it impractical to compel his personal attendance.

JUDGMENT :

MADHUSUDAN RAO, J.

1. The petitioner is the accused in C.C. No. 355 of 1974 on the file of the second Metropolitan Magistrate, Hyderabad. The respondent herein filed a complaint against the petitioner under Section 500, Indian Penal Code. Under an order dated 16th October, 1974 the Magistrate dispensed with the personal attendance of the petitioner under section 205 (1) criminal Procedure Code and permitted him to appear by his pleader. Subsequently when the case was potted for the examination of the accused under section 251, Criminal Procedure Code (old section 342) the petitioner's learned counsel appeared in the (Court and filed a petition under Crl. M.P. No. 1313 of 1974 stating there in that under his Vakalath he was authorised by the accused to answer any question that might be put to him by the Court and that he may be examined on behalf of the accused. It was represented in the petition that the petitioner is aged 82 years, that he is a resident of Bombay and that he is generally sickly undergoing medical treatment at Bombay. The learned magistrate dismissed the petition and issued abilable warrant for the personal attendance of the accused. The revision is defected against the order dismissing the petition for dispensing with the personal attendance of the accused.

2. Section 251 reads:

“When in summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him and he shall be asked whether he plead guilty or has any defence to make, but it shall not be necessary to frame a formal charge.”

3. This section, corresponds to section 242 of the old Code under which the accused had to be asked if he had any cause to show as to why he should not be convicted. The object of the section is merely to appraise the accused of the particulars of the offence and to just enquire from him whether he pleads guilty or if he has any defence to make. It is difficult to construe how the object of the section is defeated if a pleader duly authorized by the accused appears before the court in the place of the accused at the stage of section 251, Criminal Procedure code. In Bibhuti vs. State of West Bengal, 1969 (1) AIR (SC) 381, the Supreme Court has pointed out that even in a case where the Magistrate has dispensed with the personal attendance of the accused under section 205 or 40-A of the old Procedure Code, a pleader cannot represent the accused for purposes of section 32 of the old Procedure Code. Section 313 of the new Code is a substitute for the old section 342. The examination of an accused under section 313 (342 of the old Code) is not the same as the examination of the accused under section 251 of the Code. The object of section 313 is to enable the accused to explain any circumstances appearing in the evidence against him. The provision is designed to communicate to the accused the incriminating pieces of evidence against him and to give him an opportunity to explain such incriminatory circumstances. IP Bibkuati's case, the Supreme Court has pointed out as follows in para-9 of the judgment in Darbashah vs. Emperor, 1926 (1) AIR (Bom.) 218, the Bombay High Court held that where the accused is permitted to appear by his pleader under section 205 the pleader may on his behalf be examined and may plead guilty under sections 242 and 243. Whether the Court can act upon on admission of guilt by the pleader under sections 242, 243, 251-A, 255 and 271 does not directly arise in this case and we express no opinion on it. It is sufficient to say that the language of those sections and the effect of admissions under them are entirely different. Moreover, the provisions of the new Code, are more liberal to the accused persons in petty-cases. Or summon-cases, Section 206 provides for special summons in cases of petty-offences requiring the accused to appear in person or by pleader or even to plead guilty to the charge and transmit the plea in writing by pos