MADHURI WANKHEDE Vs. STATE OF C G

JUDGEMENT

(1.) In the instant petition u/s 482 Cr.P.C. the petitioner has challenged the order dated 26.03.2014 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Dhamtari in Special Sessions Trial No. 3/13.

(2.) The case of the petitioner is that the petitioner who is a senior Medical Officer at district hospital, Dhamtari was a witness in the aforesaid Sessions trial case and she as a witness was summoned to giver her evidence before the trial Court on 09.05.2013 but on account of some emergency duty at the hospital, she could not appear before the Court and moved an application for exemption of her appearance on the said date. Therefore, fresh summon was issued securing her appearance on 10.06.2013 on which date the petitioner appeared before the Court below but her statement could not be recorded because there was a condolence on account of the death of a member of the Bar. Subsequently, again fresh summon was issued for her appearance before the trial Court on 21.01.2014 on which date as the petitioner was not feeling well, her husband who was also a Govt. doctor had gone to the Court and moved an application about her ill health and sought for an adjournment. Subsequently, the case was adjourned for 10.02.2014 on which date again the petitioner appeared before the Court below but on account of the Presiding judge being elevated, in spite of the petitioner being present before the Court, her evidence could not be recorded and the matter was adjourned for 06.03.2014.

(3.) From Annexure P-5 it is reflected that on 03.03.2014 the petitioner on account of a family function had obtained three days casual leave from 5th to 7th March, 2014 with permission to remain out of headquarter. The said application was approved by the competent authority and after getting approval, the petitioner had proceeded to attend the function on account of which she could not appear before the Court on 06.03.2014. On account of the non appearance of the petitioner before the Court below on 06.03.2014, bailable warrant was issued against the petitioner for her presence on 26.03.2014 and simultaneously a notice u/s 350 of Cr.P.C was also issued to the present petitioner by the Court below.