STATE OF CHHATTISGARH Vs. SAVITA SAHU

JUDGEMENT

(1.) This petition under Section 482 of the CrPC filed by the applicant/State seeks to question the direction contained in para-22 of the judgment dated 2.5.2015 passed by the Sessions Judge, Dhamtari in Sessions Trial No.45/2014 by which while convicting the respondent herein for offence under Sections 302 of the IPC for causing death of her son and under Section 307 of the IPC for attempting to cause death of her daughter, directed the Chief Secretary, State of Chhattisgarh to proceed in accordance with law against the persons responsible under Section 342 of the IPC as the respondent herein was kept in jail from 13.1.2015 to 21.1.2015 without order of the competent Court, she not produced before the Court on the time of hearing.

(2.) The respondent herein was charge-sheeted for offence under Section 302 and 307 of the IPC for murder of his son Bhushan Sahu and for attempt to commit murder of her daughter Kajal Sahu. During the course of trial from 13.1.2015 to 21.1.2015 she could not be produced for want of non-availability of police force to escort the respondent to the Court where the trial was pending. Learned Sessions Judge, Dhamtari while convicting the respondent herein issued the aforesaid direction which has been called in question in this petition.

(3.) Mr.Ravi Bhagat, learned Deputy Government Advocate appearing for the applicant/State would submit that learned Sessions Judge is absolutely unjustified in holding that offence under Section 342 of the IPC would be made out for non-production of the respondent herein from 13.1.2015 to 21.1.2015 before the said Court as she was never admitted to the privilege of bail by the competent Court and the person acting in discharge of duty cannot be said to act criminally with respect to the offence allegedly committed under Section 342 of the IPC, as such, no offence under Section 342 of the IPC is made out. Therefore, direction contained in para-22 of the said judgment deserves to be set aside.