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1977 Supreme(MP) 952

G.G.SOHANI
Kamalkishore – Appellant
Versus
Kailash Joshi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: N.A. Khan
For the Respondent: S.D. Sanghi, T.N. Singh

Short Note :

The material facts giving rise to this petition briefly are as follows: On 18th September 1975, a report was filed before the Judicial Magistrate, First Class, Bagli, by the Station Officer, Police Station, Hatpipalia, alleging that the accused named therein appeared to have committed offences punishable under sections 451 and 506 read with section 34 IPC.

2. The summons was accordingly served on non-applicant No.1, and on 30th July 1977, when the case was fixed for hearing, an application was made on behalf of non-applicant No.1 under section 205 of the Code for dispensing with his personal attendance in view of the fact that he had by that time become the Chief Minister of the State of Madhya Pradesh and that due to his onerous duties it would be difficult for him to attend the Court on every date of hearing. After hearing arguments, the trial Court passed an order on 9th August 1977 allowing the application on the ground that for reasons stated in the application it was a fit case for dispensing with the personal attendance of non-applicant No.1 Kailish Joshi. The case was then fixed on 27th August 1977 for hearing arguments on the question of framing charges. On 15th







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