DHIRAJ DHALL Vs. STATE OF DELHI

JUDGEMENT

(1.) The present petition has been filed under Article 227 of the Constitution of India read with Section 482 Cr.P.C. for recalling of the order dated 27th January, 2007 and 2nd February, 2007 passed by Ms. Rina Singh Nag, Learned Additional Sessions Judge.

(2.) Learned Additional Sessions Judge passed both the orders while dealing with the application for anticipatory bail filed on behalf of the petitioner in a case under Section 498-A/406 IPC read with Section 3/4 of Dowry Prohibition act. The relevant portion of the impugned orders dated 27th January, 2007 and 2nd February, 2007 for the purpose of disposal of the present petition reads as under:

(3.) It has been contended by Learned counsel for the petitioner that order dated 27th January, 2007 is hit by the provisions of Article 20(3) of the Constitution of India and he cannot be compelled to testify and create evidence against himself. However, the petitioner is willing to appear before the Mediation Centre and petitioner is under regular treatment of Dr. V. Kumar, Psychiatrist of Sir Ganga Ram Hospital, New Delhi and in case any medical investigation is required, the same can be done before that Doctor who has complete knowledge of medical history of the petitioner.