IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37836 of 2010 1. SATISH AGARWAL, Managing Director, Life Line Biotech Ltd. S/o Ram Sharan Agarwal, Resident of C-7, 2nd Floor, Panchsheel Enclave, New Delhi-110017. 2. Vinay Agarwal, Former Director of Life Line Biotech Ltd. S/o Shri Ram Sharan Agarwal, Resident of B-9, 2nd Floor, Kailash Colony, New Delhi-110065. -------Petitioners. Versus THE STATE OF BIHAR -----------Opposite Parties. ----------- 02. 11.10.2010 The petitioners have sought quashing of the order dated 20.09.2010 passed by Judicial Magistrate, 1st Class, Patna in Complaint Case No. 602 (C) of 2010 by which he has refused the prayer of the petitioners to be exempted personally under Section 205 Cr.P.C. The contention of the petitioners is that the petitioners are permanently residing in Delhi and they are not implicated in the present case in the personal capacity and it will be very difficult for them to be present on each dates of the case. The submission is that they will give an undertaking that they shall present themselves on any date when the Magistrate required their presence in the case and also will not dispute their identity during trial. Since, this Court is of the view that an application under Section 205 Cr.P.C. is a matter between the accused and the Court, I do not find it necessary to issue notice to the complainant in the matter and, therefore, proceed to dispose of the same without notices. 2 Considering the facts of the case and the well settled proposition of law that Section 205 Cr.P.C. should not be refused just for the sake of it and the presence of the accused should not be insisted without reason, this application is allowed and the order dated 20.09.2010 passed by Judicial Magistrate, 1st Class, Patna in Complaint Case No. 602 (C) of 2010 is quashed. The petitioners will, however, give an undertaking that they will present themselves in Court, as and when required by the Magistrate to do so. Vikash/- (Anjana Prakash, J.)