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IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.171 of 2023

Sameer Kumar Sahu and Others

….

Petitioners

Mr. M. Acharya, Advocate

-Versus-

State of Odisha

….

Opposite Parties

Mr. S. Mishra, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

Order

No.

ORDER

20.01.2023

01.

1.

Heard learned counsel for the petitioners and learned

counsel for the opposite party State.

2.

Prayer in the present case is for quashing of the impugned

order dated 22^nd December, 2022 passed in G.R. Case No.105 of

2022 by the learned J.M.F.C., Sheragada whereby an application

under Section 205 Cr.P.C seeking exemption from personal

appearance filed by them was disallowed on the grounds stated

therein.

3.

A copy of the FIR is at Annexure-1.

4.

Annexure-2 is the copy of the application under Section

205 Cr.P.C. filed by the petitioners before the learned court below.

Vide Annexure-3, the impugned order was passed by the learned

J.M.F.C., Sheragada, Ganjam rejecting application under Section

205 Cr.P.C.

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5.

Learned counsel for the petitioners submits that petitioner

No.1 is A teacher by profession and petitioner Nos.2 and 3 are his

parents and elderly persons with old age ailment and for the said

purpose, exemption in terms of Section 205 Cr.P.C. was applied for.

It is further submitted that all the medical papers regarding the

health condition of petitioner Nos.2 and 3 were filed before the

learned court below but have not been taken cognizance of and

without assigning any reason, the impugned order dated 22^nd

December, 2022 was passed. In support of such contention and

demanding exemption, the learned counsel for the petitioners cited

a decision in Rameshwar Yadav and Others Vrs. State of Bihar and

Another (2018) 70 OCR (SC) 634 and submits that it should have

been allowed in favour of the petitioners in terms of Section 205

Cr.P.C.

6.

Mr. Mishra, learned counsel for the State on the other hand

submits that the learned court below does appear to have

considered all the materials and hence the impugned order does not

suffer from any legal infirmity so to say.

7.

On a reading of the impugned order under Annexure-3, the

Court finds that the learned court below has not discussed with

regard to the plea of exemption and simply held that its deserves no

merit and proceeded to reject the application under Section 205

Cr.P.C.

8.

The list of documents produced before the learned court

below is appended to the application Section 205 Cr.P.C. itself.

When the medical papers and other documents have been produced

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before the learned court below, it was required to be examined

before rejecting the request for exemption under Section 205

Cr.P.C. The Court does not find any reason assigned by the learned

court below nor is any discussion held in the impugned order under

Annexure-3 before rejection of the claim for exemption under

Section 205 Cr.P.C. Thus, the Court is of the view that the matter

should be remitted back to the learned court below for examination

of all the materials and to pass a reasoned order.

9.

Accordingly, it is ordered.

10.

In the result, CRLMC stands allowed. Consequently, the

impugned order dated 22^nd December, 2022 passed in G.R. Case

No.105 of 2022 by the learned J.M.F.C., Sheragada, Ganjam is

hereby set aside with a direction to freshly examine the plea for

exemption in terms of Section 205 Cr.P.C. considering the materials

on record and to pass appropriate orders thereon and to complete

the exercise as soon as possible preferably within a week from the

date of receipt of copy of the order and un