Sharma, J.—This is an application by the complainant, Iqbal Hussain, in a case under secs. 147, 379 and 325 of the Indian Penal Code, which has been challaned in the Court of Extra Magistrate, Chirawa at Jhunjhunu, against Fateh Mohammad Shah and others. Fateh Mohammad Shah made an application before the Magistrate that he be exempted from personal attendance under sec. 205 of the Code of Criminal Procedure, because he was a Shajjadanashin, and had a lot of disciples, and was an old man of 60. The learned Magistrate exempted him from personal appearance on both the grounds of respectability as well as age. Against this order, the applicant Iqbal Hussain went in revision to the Court of Session at Jhunjhunu. The learned Sessions Judge held that sec. 205 Cr.P.C. was not applicable, but dismissed the application for revision on the ground that exemption could be given under sec. 353 Cr.P.C. The complainant has now come to this Court in revision.

2. It was argued by the learned counsel for the applicant that sec. 205 Cr.P.C. was not applicable according to the view of the learned Sessions Judge himself. He argued that sec. 353 Cr.P.C. too was not applicable as what it lays down is that

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