Bibek Chaudhuri, J. – The instant revision is directed against an order, dated 3rd of January, 2019, passed by the learned Judicial Magistrate, 1st Class at Muzffarpur in Complaint Case No. 2186 of 2018 (Tr. No. 3435 of 2018).

2. By passing order, impugned, the learned Magistrate rejected an application filed by the accused/petitioners under Section 205 of the Cr.P.C praying for exemption of their personal appearance during inquiry and trial. The learned Magistrate assigned the following reasons while rejecting the petition under

3. Section 205 of the Cr.P.C.: –

(i) The learned Magistrate took cognizance of offence under Sections 406, 420 and 468 of the IPC, the offences are serious in nature and non-bailable;

(ii) So far as petition under Section 205 Cr.P.C is concerned, physical appearance of the accused in a Criminal Trial is the general rule and exemption from personal attendance is an exception.

4. On the above mentioned two grounds, the petition under Section 205 of the Cr.P.C was considered and rejected by the learned Magistrate.

5. Assailing the said order, it is submitted by the learned Advocate for the petitioners that by executing a power of attorney, the petitioners executed