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2003 Supreme(P&H) 1329

M.M.KUMAR
Rajan Kohli – Appellant
Versus
State Of Haryana – Respondent


Judgment

1. This petition filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity, Cr. P.C.) seeks quashing of order dated 7-8-2003 Annexure P-9 passed by the Judicial Magistrate I st Clas, Sirsa asking the petitioners to appear in person. The petitioners have earlier approached this Court by filing Criminal Miscellaneous No. 6601-M of 2003 under Section 482, Cr. P.C. That petition was dismissed as infructuous with the observation that the proper course for the petitioners was to file an application under Section 245, Cr. P.C. before the Magistrate. The petitioners were granted exemption from personal appearance only for 15-2-2003 and they were to appear before the Magistrate through counsel on that date i.e. 15-2-2003. It was further observed that the petitioners would furnish an undertaking that they would appear in person on the next date of hearing unless the Court grants further exemption. According to the learned counsel on 15-2-2003 an application seeking exemption from personal appearance was filed along with an application under Section 245, Cr. P.C. However, the Magistrate by the impugned order has asked the petitioners to appear in person and both the



















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