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2011 Supreme(Gau) 804

A.K.GOSWAMI
Bidhu Bhushan Dutta (Dr. ) – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
Advocate appeared for the Petitioner:Ms. M. Hazarika, Mr. M. Sarma, Ms. I. Gohain & Mr. P. Upadhyay., Advocate appeared for the Respondent: PP, Assam.

A.K. Goswami, J;-

Heard Mrs. M. Hazarika, learned Sr. Counsel for the petitioner. Also heard Mr. B.S. Sinha, learned Addl. PP, Assam.

2. The present revision application is di­rected against an order dated 17.08.2011 passed by the learned Chief Judicial Magis­trate, Kamrup, Guwahati in GR Case No. 622/11 whereby the application filed by the petitioner under Section 205 Cr.P.C. praying for exemption of his appearance was rejected. A perusal of the order dated 17.08.2011 would indicate that the petitioner had con­tended that identification of the petitioner for the conduct of trail is not at all required. It was also stated that he is a senior citizen, aged about 73 years, and is suffering from old age ailments and he will have to face consider­able hardship in travelling to Guwahati from Shillong. The learned trial Court took a view that the present petitioner could not show sufficient reason for allowing his prayer for his representation under Section 205 Cr.P.C.

3. Mrs. Hazarika, learned Sr. counsel has drawn my attention to the order dated 13.06.2011 of the learned trial Court to sub­mit that personal attendance in respect of three of the Directors of Vinay Cements Limited had been






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