ORDER

18.5.2005 — Although the matter is listed for admission, on the consent of the learned counsel for the parties, it is taken up for final disposal.

Heard the learned counsel for the parties.

The learned S.D.J.M., Bhubaneswar took cognizance of the offences under Sections 420, 468, 471, 467, 120-B of the I.P.C. in I.C.C. Case No. 1989 of 2004 and issued process against the accused petitioner asking him to appear in Court. On receipt of the summons the petitioner through his counsel filed a peti¬tion under Section 205 (1), Cr.P.C. to dispense with his personal attendance and to allow him to appear in Court through his coun¬sel. Learned S.D.J.M., Bhubaneswar by order dated 7.1.2005 reject¬ed the said prayer. Aggrieved, the petitioner has filed the present application under Section 482, Cr.P.C. with a prayer to quash the said order dated 7.1.2005 passed by the learned S.D.J.M., Bhubaneswar in I.C.C. Case No.1989 of 2004.

Mr. B.P. Pradhan, learned counsel for the petitioner submits that the petitioner is working as the Road Transport Officer, Bhubaneswar and is a busy public functionary and his personal attendance is also not necessary for trial of the case as the question of perso