IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.5402 OF 2009 DEEPAK KOTHARI, MANAGING DIRECTOR OF KOTHARI PRODUCTS PVT. LTD., UNIT A 1 TO 04, CINAMARA, JORHAT, C. EX. NO. AAACHK 5571, RESIDENT OF POLICE STATION PHELKHANA THANA, DISTRICT KANPUR VERSUS THE STATE OF BIHAR ******** 2 06/11/2009 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is the Managing Director of Kothari Products Pvt. Ltd., Kanpur which sells Pan Parag. This application was filed under Section 205 of the Code of Criminal Procedure exempting the petitioner from appearing on each and every date. The petitioner is not a petty thief and the allegations are also very petty in nature alleging that some cheating has taken place in the scratch scheme introduced by the Company. Admittedly, the petitioner is the resident of Kanpur and as such I find that in a case of this nature, sufficient grounds have been made out to exempt the petitioner from appearing on each and every date. This application is allowed subject to the observation that the petitioner should appear as and when required by the Court below such as at the time of framing of charge. ANAND ( Sheema Ali Khan, J. )