The main legal point established in the judgment is the interpretation and application of Section 205 of the Code of Criminal Procedure in granting exemption from personal appearance based on the seriousness of the alleged offences, the accused's physical ailments, and the distance from the court.

JUDGMENT :

Ananya Bandyopadhyay, J.

1. The instant revisional application has been filed by the petitioners against the judgment and order dated 26th June, 2014 passed by Learned Additional Sessions Judge, 1st Court, Sealdah, South 24 Parganas in Criminal Revision No. 71 of 2013, thereby dismissing the same and affirming the order dated 01.08.2013 passed by Learned Judicial Magistrate, 1st Court, Sealdah in C – Case No. 830 of 2011 whereby an application under Section 205 of the Code of Criminal Procedure filed by the petitioners was dismissed.

2. Petitioners were implicated as accuseds in a case instituted on a police report by the opposite party no. 2, before the Learned Additional Chief Judicial Magistrate, Sealdah for alleged commission of offence under Sections 498A/406/120B of the Indian Penal Code. The said case was registered as C – Case No. 830 of 2011. The Learned Additional Chief Judicial Magistrate, Sealdah after taking the cognizance of the offence transferred the case to the Learned Judicial Magistrate, 1st Court, Sealdah for disposal where the case was re-numbered as T.R. 534 of 2011.

3. The Learned Additional Chief Judicial Magistrate, Sealdah after enquiry was pleased to issue summons under Sections 498A/406/120B of the Indian Penal Code against the petitioners.

4. Pursuant to the aforesaid summons the petitioners duly appeared before the Learned Judicial Magistrate, 1st Court, Sealdah and obtained an order of bail on 24.04.2012.

5. Petitioners thereafter filed an application under Section 205 of the Code of Criminal Procedure on 29.01.2013 before the Learned Judicial Magistrate, 1st Court, Sealdah for exemption from personal appearance before the Learned Court mainly on the ground that (i) they were permanently residing at Assam and it was difficult for them to appear physically before the Learned Court on the dates so fixed. (ii) that the mother of the petitioner no. 1 is an octogenarian lady, suffering from various ailments and the mother of the petitioner no. 2 also is an aged lady and almost bed ridden and (iii) the petitioner no. 2 is also suffering from different ailments.

6. The opposite party no. 2, herein, filed a written objection against the aforesaid petition under Section 205 of the Code of Criminal Procedure filed by the petitioners.

7. By an order dated 01.08.2013 Learned Judicial Magistrate, 1st Court, Sealdah was pleased to reject the aforesaid application under Section 205 of the Code of Criminal Procedure filed by the petitioner.

8. Being aggrieved by the aforesaid order dated 01.08.2013, petitioners moved an application before the Learned Additional Sessions Judge, 1st Court, Sealdah which was registered as Criminal Revision No. 71 of 2013.

9. By the judgment and order dated June 26, 2014 Learned Additional Sessions Judge, 1st Court, Sealdah was pleased to dismiss the aforesaid revisional application and affirmed the order dated 01.08.2013 passed by Learned Judicial Magistrate, 1st Court, Sealdah.

10. Petitioners contend that both the Trial Courts have failed to appreciate that personal appearances of the accused should be dispensed with under Section 205 of the Code of Criminal Procedure, where the accused are residing at a very long distance from the Court.

11. Petitioners submit that both the Learned Courts below erred in law as well as in facts by holding that the long distance is not a ground for availing the privilege under Section 205 of the Code of Criminal Procedure thereby a manifest illegality has been committed and the orders are liable to be set aside.

12. Learned Advocate for the petitioners submitted that –

i. Upon the facts and circumstances of the case and upon materials on record, Learned Trial Courts should not to have rejected the petitioners’ prayer for exemption of their personal appearance on each date fixed under Section 205 of the Code of Criminal Procedure and thereby a serious miscarriage of justice has been.

ii. Grounds upon which the dispensation of the personal appearance so