SRINATH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The accused/applicants have preferred this criminal revision under Section 397 read with Section 401 of the Cr.PC, being aggrieved by order dated 14-10-2003 passed by the Additional Sessions Judge (Fast Track Court), Pendra Road, in Sessions Trial No. 131/1995, whereby the learned Additional Sessions Judge rejected the application of the applicants (accused persons) filed under Section 284 of the Cr.PC and refused to issue commission for the examination of Dr. Sudhir Bhave of Nagpur.

(2.) Brief facts giving rise to filing of this criminal revision are that the accused/applicants are facing trial before the learned Additional Sessions Judge (Fast Track Court), Pendra Road, for commission of offence punishable under Section 306 read with Section 34 of the IPC for abetting Shashi Prabha to commit suicide. It appears that in this case, prosecution closed its evidence and the statement of the accused persons were also recorded under Section 313 of the Cr.PC. The accused persons cited Dr. Sudhir Bhave, a Consultant Psychiatrist of Nagpur, as their defence witness, as their case is that deceased Shashi Prabha was a psychiatric patient, therefore, she was being treated by Dr. Sudhir Bhave. They had also submitted a certificate issued by Dr. Sudhir Bhave. On the request of accused persons the doctor was summoned to give his evidence. However, the doctor on receiving the summon wrote an application to the Additional Sessions Judge requesting therein that he is an extremely busy practicing Psychiatrist treating about 70-80 psychiatric patients daily. Leaving Nagpur for attending the esteemed Court will be difficult for him as it will put his numerous patients at inconvenience, and may be in the states of medical emergency. Hence, he requested the Court to kindly appoint a commission for recording his statement pertaining to the said case and to send commission to him on a prefixed date. On this, the accused/applicants moved an application under Section 284 of the Cr.PC for examining Dr. Sudhir Bhave on commission. The said prayer was objected by the Public Prosecutor on the ground that if the commission is issued, then the trial would be delayed.

(3.) The learned Additional Sessions Judge after hearing the Counsel for the accused persons and the Public Prosecutor, rejected the application on the ground that the sessions case is pending since 1995 and the evidence of the prosecution was closed on 17-8-1999 and since then, the matter is pending for defence evidence. It was observed that Pendra Road is at a distance of 500 kms. from Nagpur and it is on the train route, and if the commission is issued that will delay the trial, therefore, the doctor be summoned to give his evidence in the Court.