Ms. Ritu Bahri, J. (Oral) - An affidavit of Mr. Davinder Singh, Deputy Superintendent of Police, Samana, has been filed in the Court, which is taken on record.

2. This petition under Section 482 Cr.P.C. is for quashing of the order dated 01.06.2013 (Annexure P-6) passed by the Judicial Magistrate, Ist Class, Patiala, whereby the application filed by the petitioner for permanent exemption from personal appearance, was dismissed.

3. The petitioner is facing trial under Sections 341, 323, 506, 201 34 IPC, which are bailable offences. The case in which the offence triable is punishable with imprisonment for a term not exceeding two years, is to be treated as a “summons case.” As per Section 313 (1) (b) of the Cr.P.C., the personal appearance of the accused can be exempted in the summons case. The said section reads as under:-

313. Power to examine the accused;- (1) In every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the Court-

(a) may at any stage, without previously warning the accused, put such questions to him as the Court considers necessary;

(b) shall after the witnesses for the