This revision petition arises from the order of the Judicial Magistrate of the first class Sibsagar made OH 28.4.1989 in CR Case No 779C of 1980 rejecting the prayer of the petitioners Smti Sarbeswari Das and Smti Minu Das for dispensing with their examination under section 313(1)(b), Cr PC in view of proviso to sub-section (1) of section 313, CrPC on the ground that the accusation against them is under section 323, IPC which is a summons-case, and that the Court has dispensed with their personal attendance. It is stated in their application for exemp­tion from examination that the petitioner Sarbeswari Das is an ailing woman and the petitioner Minu Das is living with her husband in an interior village in Hojai, District, Nagaon. The Magistrate rejected the prayer mainly on the ground that the case was not tried in accordance with the procedure for the trial of summons-case, that is, the trial was not under Chapter XX of the Code of Criminal Procedure.

2. The learned counsel for the petitioners has submitted that the offence under section 323, IPC is punishable with im­prisonment not exceeding one year and, therefore, it is a summons case. The Court also has dispensed with the perso

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