IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. NO.713 OF 2009 (1) NIRMAL JAIN & (2) R VENKATARAMAN VERSUS STATE OF BIHAR ----------- 2 19.05.2009. Heard learned counsel for the parties. Petitioners have come to this court for setting aside the order dated 24.2.2009, passed by Sub Divisional Judicial Magistrate, West Muzaffarpur in complaint case no. 1006C of 2008, by which he rejected the application filed on behalf of the petitioners under section 205 Cr.P.C. The complainant one Ram Pravesh Singh filed a complaint alleging that accused no.7, namely, Rajeev Kumar induced him to invest his retrail money in Shares through accused no.1 as it would give more return than other deposits. It is further alleged that on this pretext, he invested his hard earned retrial money with further allurement that after opening of demat account accused no.1 would give him ID/ledger password, but even after several requests accused persons did not complete their words and thus cheated him. It is submitted on behalf of the petitioners that they are the high officials of a business company and in fact they had not entered into any transaction with the informant, as such, the learned magistrate erred in law in rejecting 205 Cr.P.C. petition filed by them, on the ground that they are not Pardanashin (veiled) ladies. This court in several decisions particularly in case of Ram Harsh Das Vs the State of Bihar, reported in 1998(1) PLJR 502 has given the details regarding the category of persons and the circumstances in - 2 - which they would be entitled to exemption from personal appearance under section 205 Cr.P.C. The Court is left with no alternative but to set aside order dated 24.2.2009 and consequently remit the matter back to the leaned magistrate for fresh consideration on the facts of the case. The leaned magistrate after due notice to parties will dispose of the application within two months from the date of receipt of a copy of this order. In view of the fact that the main allegation has been levelled against accused no. 7, and not against the petitioners, this Court observes that no coercive steps would be taken against them in Complaint cse no. 1006(C) of 2008 Tr no. 1653 of 2009 for the period of ten months from today to enable the leaned magistrate to decide the matter. The revision application stands disposed of. Shashi (S. P. Singh, J.)