IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9040 of 2009 1. RAVI KHILANI son of Laxmi Chand Khilani, Director, Lumbini Beverages Pvt. Ltd., Industrial Area, Hajipur, Vaishali 2. Manoj Khilani, son of Laxmi Chand Khilani, Director, Lumbini Beverages Pvt. Ltd., Industrial Area, Hajipur, Vaishali & 3. G. P. Singh, son of late Yadunandan Singh, CEO, Lumbini Beverages Pvt. Ltd., Industrial Area, Hajipur, Vaishali ….Petitioners Versus 1. THE STATE OF BIHAR & 2. Ramesh Kumar Singh, son of Ram Naresh Singh, Resident of Bakhtiarpur, New Bypass, P.S. Bakhtiarpur, District- Patna …Opposite Parties ----------- 2/ 01.09.2010 Heard the parties. The petitioners are aggrieved by the order dated 22.5.2008 passed by the Judicial Magistrate, 1st class, Patna, in Complaint Case No.349© of 2007, by which he has refused the prayer of the petitioners for representation under section 205 Cr.P.C. Counsel for the petitioners submits that the order is completely erroneous since all that the Magistrate has considered is the geographical distance between the place where petitioners reside and the place where the court is located. It is well settled that prayer under section 205 Cr. P. C. should not be refused just for the asking since no useful purpose would be served if the petitioners are compelled to appear on each and every date during trial unless his identity is disputed. In view of such, this application is allowed and the order dated 22.5.2008 passed by the Judicial Magistrate, 1st class, Patna, in Complaint Case No.349© of 2007 is set aside with direction to the petitioners to file an undertaking before the court that they shall - 2 - appear before the court as and when they are required to do so. The application stands allowed. JA/- (Anjana Prakash, J.)