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1995 Supreme(Raj) 843

N.L.TIBREWAL
Michael P. Cann – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - The petitioner, who is the Managing Director of M/s. Climate System India Ltd., has filed this petition under Section 482 Criminal Procedure Code to dispense with his personal attendance in Criminal Case No. 270-A/94 pending in the Court of Civil Judge (Junior Division)-cum-Judicial Magistrate 1st Class Tijara under the following circumstances.

2. In short the facts of the case are that the Senior Inspector, Factories & Boilers, Bhiwadi has filed a complaint against the petitioner and one Ashu Sagar under the Factories Act, 1948. There is no dispute that the charges against the petitioner are not of serious nature and the offences are triable as summons case. The petitioner moved an application before the trial Magistrate under Section 205 Criminal Procedure Code to exempt his personal attendance in the case, but the said prayer was rejected vide order dated March 4,1995. The learned Magistrate has observed in the order that the charges against the petitioner are not of serious nature, but still he declined the petitioner to grant exemption from personal attendance. Hence, this petition under Section 482 Criminal Procedure Code. has been filed.

3. The contention of the














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