1. Special leave granted

2. Heard both the learned counsel and perused the records

3. The respondent (accused) Joy Chandra Nagbanshi had filed a petition before the High Court for quashing the criminal proceedings initiated against him for offences punishable under Sections 376, 417 and 506 IPC. The High Court dismissed that petition but, however, it directed the trial court to dispense with the personal attendance of the respondent (accused) and to permit him to appear by his advocate. The relevant portion of the direction reads thus

"Mr. Roy, however states that the petitioner is a social worker and he is known to people of the village. He therefore prayed that he be allowed to be represented by his advocate on subsequent dates. I accept this prayer and direct the trial court to allow representation by his advocate if he is known to the people and no identification is required." *

4. In our opinion, the reason by the High Court to dispense with the personal attendance of the respondent (accused) by invoking the powers under Section 205 of the Code of Criminal Procedure is untenable especially in a case of this nature, wherein serious allegations are made against the respondent (accused). If such a privilege, in our opinion, is given to an accused in a case of this nature, people will lose their confidence in the administration of justice. Hence we set aside that direction and direct the respondent to appear before the trial court on all hearings. In case, there is any extreme and exceptional circumstance brought to the satisfaction of the court that the accused is unable to appear before the court, the court may consider the request, if any, made by the respondent for dispensation of his personal attendance on any particular hearing, and pass appropriate orders. However, we make it clear that the respondent should make his appearance before the trial court on all the hearings when the material witnesses are examined. The appeal is allowed accordingly.