IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8635 of 2008 S.N.R. Kesri, son of Late Lakhi Chand Kesri, resident of J/206, Aashiana, Lucknow, the then Chief Manager, New Market B/0 of Punjab National Bank, PS Kotwali, patna, who is instantly posted as chief Manager, at A.G.M. B/O of Punjab National Bank, Hazratganj, PS Hazratganj, District Lucknow – petitioner. Vs. 1) The State of Bihar, 2) Jai Shankar Jha, son of Late Ugra Narayan Jha, resident of F/123 PC Colony, PS Kankarbagh, District Patna – opp. parties. 4 18.3.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 15.1.2007 passed by the Judicial Magistrate 1st Class, Patna in Complaint Case No. 2781©/2005 by which petition filed under section 205 of the Cr.P.C. has been rejected. The petitioner was working as the Chief Manager in the Punjab National Bank, New Market Branch, PS Kotwali, Patna. Thereafter he was posted at Hazratganj branch, Lucknow. Now the petitioner has retired from service. The ground for rejection is that the petitioner cannot take the ground that he is too busy to appear in court and avoid the procedure of justice. Indeed no body can take this as a ground for avoiding the court. Section 205 of the Cr.P.C. provides that the Magistrate enquiring or trying the case may dispense with the personal attendance of the accused, and if necessary, enforce such attendance in the manner as provided. The purpose of including the provisions of section 205 Cr.P.C. is to give in proper cases, protection to accused. if the court finds that the accused is not likely to abscond, has held a 2 responsible post, is a Pardanashin lady, is old and sick and it involved in any such work which requires his presence at the place of work. The petitioner’s case comes under the category that he has occupied responsible post working as Chief Manager in the bank and that he has a clean criminal antecedent. Accordingly, I quash the impugned order, dated 15.1.2007 and allow the application filed under section 205 of the Cr.P.C. The petitioner should give an undertaking in writing that he would appear as and when required by the court and satisfy the Magistrate on this aspect of the matter. This application is allowed. haque (Sheema Ali Khan, J.)