Code of Criminal Procedure, 1973–Secs. 82 & 83–Proceedings under–Sustainability–Application of petitioner seeking exemption from personal presence was dismissed abruptly on 08.11.2023 resulting into an arrest warrant–Previous two adjournments were given due to unavoidable circumstances and this was only third hearing for recording the petitioners’s statement–Court could have granted an adjournment with compensatory cost or instead issued a bailable warrant, given the bailable nature of offence–It is a case of over pendantic view of enforcement of provisions u/ss. 82 & 83–Further, the Trial Court committed grave error in not appreciating extenuating factors of the petitioner due to which he was unable to appear on the fateful day–Impugned order is liable to be quashed.
