B. P. Bajoria vs State of U. P. - 1964 Supreme(All) 398

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1964 Supreme(All) 398

DEBI PRASAD UNIYAL
B. P. Bajoria – Appellant
Versus
State of U. P. – Respondent

JUDGMENT

Debi Prasad Uniyal, J. - This revision has been filed from the judgment of the Sessions Judge, Deoria affirming the order of the S.D.M. Padrauna directing the Applicant to appear before him for being examined Under Section 342 Code of Criminal Procedure.

2. Sri B.P. Bajoria, Applicant and one Ramesh Chandra were prosecuted Under Section 92 of the Factories Act. The offence with which they were charged was tried as a summons case. On 23-3 1964 which was the date fixed for appearance of the accused in court an application was moved on his behalf that his personal attendance be dispensed with and he be permitted to appear through counsel. This was allowed by the Magistrate. Thereafter the prosecution produced its witnesses who were cross-examined by the accused. Before calling upon the accused to enter on their defence the Magistrate ordered the Applicant to appear in court on 13-7-1964 for being examined Under Section 342 Code of Criminal Procedure. The Applicant contested the legality of the Magistrate's order in revision before the Sessions Judge but the same was rejected. Hence this application in revision before me.

3. The main argument of the learned Counsel was that the

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