Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.648 of 2008 ====================================================== Binayak Prasad S/o late Bishnu Deo Prasad, Reporter, ETV Bihar, 3rd Floor, Shahi Bhawan, Exhibition Road, P.S. Gandhi Maidan, Patna, Bihar .... .... Petitioner/s Versus 1. The State of Bihar 2. Sudhir Kumar, I.A.S. Secretary, Board of Revenue, Government of Bihar, Old Secretariat, Patna .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Avanish Kumar Singh, Advocate For the O.P. No. 2 : Mr. Chandra Bhushan Das, Advocate For the State of Bihar : Mr. Dashrath Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 5 30-08-2012 Heard learned counsel for the petitioner, learned Additional Public Prosecutor appearing on behalf of the State and learned counsel appearing on behalf of the opposite party no. 2. In this revision application the petitioner has challenged the validity, correctness and propriety of the order dated 22.5.2008 passed in Complaint Case No. 1352 (C ) of 2007 by the learned Judicial Magistrate, 1st Class, Patna, whereby the prayer made on behalf of the petitioner under section 205 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.) dispensing with his personal attendance in the aforesaid complaint case and permitting him to appear through his lawyer has been rejected, though by the same impugned order the prayer made on behalf of two other co-accused persons for similar reliefs has been allowed Patna High Court CR. REV. No.648 of 2008 (5) dt.30-08-2012 2/5 for the reasons recorded in the aforesaid impugned order. The power under section 205 Cr.P.C. for dispensing with personal attendance of any accused and permitting him to appear through a lawyer is purely discretionary depending on the facts of each case and, therefore, this Court does not find any legal infirmity or procedural irregularity committed by the learned Judicial Magistrate, 1st Class, Patna in passing the impugned order. However, it is contended on behalf of the petitioner and not disputed on behalf of the opposite parties that the petitioner is a Senior Reporter of the News Channel, ETV Bihar and as such he is required to visit different parts of Bihar and Jharkhand for covering the important events. Therefore, it is contended that the ends of justice would be sub served, if the petitioner appears in person before the learned Judicial Magistrate, 1st Class, Patna and furnishes his bail bonds on bail being granted by the learned Magistrate and, thereafter he shall appear at the stage of section 251 Cr.P.C. and on any subsequent dates when his personal appearance is a must for disposal of the trial of the criminal case, pending before the learned Judicial Magistrate. However, on other dates his personal attendance may be dispensed with. After having heard the parties and on consideration of Patna High Court CR. REV. No.648 of 2008 (5) dt.30-08-2012 3/5 the materials available on record, and for the ends of justice, this Court issues the following directions:- 1. Within a period of two months from today, as per the date fixed by the learned Judicial Magistrate, 1st Class, Patna, the petitioner shall appear in person and shall make a prayer for bail. Since petitioner is facing trial in a summons case for an offence under [STATUTE] ., which is bailable one, it is expected that on his appearance, the petitioner shall be granted bail by the learned Judicial Magistrate, 1st Class, Patna to his satisfaction. 2. The petitioner shall again appear at the stage of section 251 Cr.P.C., as per the date fixed by the learned Judicial Magistrate and, thereafter his personal attendance shall be dispensed with by the learned Judicial Magistrate and he shall be permitted to appear in the aforesaid summons case through his lawyer. 3. If the petitioner does not plead guilty and the matter is not compromised between the parties, then procedure is required to be followed under Patna High Court CR. REV. No.648 of 2008 (5) dt.30-08-2012 4/5 section 254 Cr.P.C. for recording evidence of witnesses. At that stage, the petitioner shall be permitted to appear through his lawyer on an undertaking that he shall not question the identity of witness, or validity of evidence on the ground of his absence during the course of recording evidence of witnesses on subsequent dates and shall not be entitled to challenge the order, if it goes against him on the ground that he was not present in the court during the stage of section 254 Cr.P.C. 4. The petitioner shall be obliged to appear for the purpose of recording his statement on the date fixed in the case and shall further be obliged to remain present on the date of pronouncement of the judgment in the aforesaid summons case. 5. Save and except the stages indicated above, and unless and until the physical presence of the petitioner is a must for disposal of criminal trial, the petitioner shall be allowed to be represented through his lawyer during the pendency of the trial. Patna High Court CR. REV. No.648 of 2008 (5) dt.30-08-2012 5/5 With the aforesaid observations and directions, the application stands finally deposed of. RPS/- (Birendra Prasad Verma, J)

Applicable IPC Section: 500

Statute Text:
Section 500 of the Indian Penal Code. Defamation against the President or the Vice-president or the Governor of a State or Administrator of a Union Territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public Prosecutor. Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.