IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.32403 of 2010 SHREE NARAYAN KHETAN s/o Sitaram Khethan, Resident of Sinha Library Road, P.S. Kotwali, District- Patna ….Petitioner Versus 1. THE STATE OF BIHAR & 2. Subhash Kumar Pugalia s/o late Mohan Lal Pugalia, Resident of Bandar Bagicha, P.S. Kotwali, District- Patna …Opposite Parties ----------- 2/ 22.09.2010 Heard the parties. The petitioner has sought quashing of the order dated 22.07.2010 passed by the Judicial Magistrate, 1st class, Patna, whereby the court below has refused the prayer of the petitioner for personal exemption under section 205 Cr. P. C. in Complaint Case No.2730 © of 2007. Since the matter under section 205 Cr. P.C. is one between the court and the accused, I see no reason to notice the opposite party no.2 before disposal of this application. Considering that exemption from personal appearance on each date was sought on the ground of old age and ill health, this application is allowed and the order dated 22.07.2010 passed by the Judicial Magistrate, 1st class, Patna, in Complaint Case No.2730 © of 2007 is hereby quashed on condition that petitioner shall give an undertaking that he will present himself on the date so fixed by the Magistrate and will not dispute his identity. With the aforesaid observation, this application is allowed. JA/- (Anjana Prakash, J.)