( 1 ) ACCUSED Tarachand is being prosecuted for offences under Sections 406 and 420, Indian. Penal Code before the First Class Magistrate, Mhow. He applied for being exempted from personal appearance.

( 2 ) THIS prayer was initially rejected but the High Court of Madhya Bharat in criminal Reference No. 129 of 1951 granted exemption in the following terms:

"i would therefore direct that the exemption be granted to the accused on the ground that he lives at Dehradun and it would be very expensive and inconvenient for him to attend the Court at every time and grant him exemption throughout the trial. "

( 3 ) AFTER the case went back to the trial Court prosecution evidence was examined and the stage was reached when the examination of the accused under Section 342, Criminal P. C. was to take place. At that time it was urged on behalf of the state that the accused could not be examined through his counsel and that he ought to personally appear. The Magistrate rejected the contention in view of the terms of the order of the High Court in this very case. On revision the learned sessions Judge took the same view.

( 4 ) THE present petition is directed against that order.

( 5 ) T