( 1 ) THIS application is directed against order dt. 31-5-1986 passed by the Ld. Judicial Magistrate, Howrah in complaint case No. 230c/85. By the impugned order the Ld. Magistrate rejected the prayer of the petitioner to be examined u/s. 205 of the Cr. P. C. It appears from the impugned order that the petitioner filed a petition praying for allowing him to be represented by his lawyer and for permitting the 1d. Advocate representing him to take plea of not guilty. On perusal of the record of Ld. Magistrate it is found that this petitioner was directed to be present but he did not turn up and he held that in the absence of the accd. the Ld. lawyer cannot be permitted to take the plea of not guilty. In his view the presence of all the accd. is necessary for examination u/s. 251 Cr. P. C. Accordingly, he rejected the prayer.

( 2 ) MR. Roy appearing for the petitioner has challenged the finding of the 1d. Magistrate to the effect that it was necessary for the accd. persons to remain present while being examined u/s. 251 Cr. P. C. It may be noted in this connection that the 1d. Magistrate did not indicate any other reason why the presence of the petitioner was ne