Arali Nagaraj, J.

The only accused in CC.No.16174/2002 on the file of the Learned 8th Addl.Chief Metropolitan Magistrate, Bangalore (hereinafter referred to as the "Trial Court") has filed the present petition under Sec.482 Cr.P.C. seeking quashing of the order dated 30.06.2005 passed in the said case insofar as it relates to the direction issued to the petitioner - accused by the Trial Court to appear before it on 30th August 2005. The petitioner has sought for direction to the Trial Court to pass order on the application of the 2nd respondent herein filed in the said case under Sec.256 of Cr.P.C. The petitioner has further sought for exemption from his personal attendance before the Trial Court pending his trial in the said case.

2. I have heard the arguments of Sri G Krishna Murthy, the learned Counsel for the petitioner -accused and Sri Raghavendra K., the learned Counsel for the respondent No.2. The first responder; namely Sri. K. Shama Rao was complainant in the said case and he is no more now. I have perused the impugned order and other material on record.

3. Stated in brief, the facts leading to the present petition are as under:

(a) On the basis of the complaint