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Judgment
S.A. Kader, J.—This petition is directed against the order of the Judicial First Class Magistrate, Coimbatore in Crl. M.P. No. 835 of 1983 in C.C. Nos. 40 to 42 of 1982, dismissing the Petitioner''s application to appear in Court through his Pleader. The Petitioner in all these cases is the 9th Accused.
The Petitioner is said to be suffering from paralytic stroke and is unable to move about. He has, therefore, filed an application, with a Medical Certificate, for permitting him to be represented by his pleader. The learned Magistrate has felt that in this warrant case the accused must appear at first and only for subsequent hearings he can be permitted to be represented through the pleader. I do not find any legal basis for this conclusion. When the Petitioner is so ill as could not move about, it is just and proper that he should be permitted to appear through his counsel. However, for his examination u/s 313, Code of Criminal Procedure he has to appear, as it is a statutory obligation. There is no bar in allowing the Petitioner to be represented through his counsel at all other hearings. Learned Counsel for the Petitioner admits that there is no necessity for identification.
In the result, the petition is allowed and the Petitioner is permitted to appear through his counsel on the hearing dates. The non-bailable warrant issued against him is withdrawn. The Petitioner will have however, to appear before the Court when examined u/s 313 , Code of Criminal Procedure.