IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1913 of 2007 RATI LAL RAKA & ANR Versus THE STATE OF BIHAR ----------- 6 13/8/2008 Heard the parties. In this application two petitioners who are accused in a complaint casa No. 146 © of 2005 have assailed the order dated 30.11.2006 passed by the Additional District & Sessions Judge-XII, Patna in Cr. Revision No. 311 of 2006 affirming the order dated 22.3.2006 passed by the Subdivisional Judicial Magistrate, Patna in Complaint case No. 146 ( C ) of 2005 refusing the petitioners for the privilege of section 205 of the Code of Criminal Procedure. In the opinion of this Court, petitioner no.1 being the Managing Director and petitioner no.2 being the authorized Secretary-Cum-Director of M/S Star Care ( India ) Limited, who are ordinarily residing at Mumbai in connection with their official assignments need to be given protection of section 205 of the Code of Criminal Procedure. The court below appear to have mechanically proceeded to reject their prayer for personal exemption under section 205 of the Cr.P.C. only on the ground that the offences alleged against them being under sections 406, 420 and 120 B of the Indian Penal Code was of grave nature. According to the materials on record including the averments made in the complaint petition the petitioners are said to be involved in the case in their official capacity of being Director of the Company, and as such, if they had made an application for their personal exemption 2 under section 205 of the Cr.P.C. that ought to not have been rejected mechanically. In the result, this application is allowed and the impugned orders are hereby set aside and the court below is directed to allow personal exemption of the petitioners under section 205 of the Cr.P.C. after obtaining an undertaking from both the petitioners that as and when their personal appearance would be required they would appear and that the trial will not be impeded and/or obstructed on account of their absence. In the result, this application is allowed with the aforementioned observations. ( Mihir Kumar Jha, J. ) Abhay Kumar