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BIRENDRA KUMAR
SACHIDA NAND MISHRA – Appellant
Versus
STATE OF BIHAR – Respondent
JUDGMENT/ORDER :
Birendra Kumar, J.
Heard learned counsel for the parties.
2. By the impugned order dated 28.06.2019 passed in Complaint Case No.849C of 2016, the learned court below has rejected the prayer of the petitioner for dispensation with personal appearance and for allowing appearance through lawyer in exercise of power under Section 205 of the Code of Criminal Procedure. It appears that cognizance in the case was taken for the offence under Section 406 of the Indian Penal Code.
3. The impugned order reveals that the prayer has been refused only for the reason that process of non-bailable warrant of arrest has already been issued against the petitioners. Hence, application under Section 205 of the Code of Criminal Procedure was not maintainable.
4. Learned counsel for the petitioners submits that no process was ever served on the petitioners, nor the impugned order reveals that the summons issued in the case on 25.10.2016 was ever served on the petitioners. Without any proof of service of summons, warrant of arrest has been issued, which is itself an improper order. Moreover, issuance of non-bailable warrant of arrest is no bar for consideration of prayer under Section 205 of t
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