RAM DASS Vs. STATE

JUDGEMENT

(1.) This is an application by one Ram Dass purporting to be under Section 561A, Criminal P. C. On 1-4-1952, he filed a revision in this Court against his conviction under Section 325, Penal Code, and sentence of one month's rigorous imprisonment and a fine of Rs. 200. At the time of filing this revision he had not surrendered. His learned counsel stated that the applicant was suffering from tuberculosis and was bedridden. He undertook to file a certificate of the Civil Surgeon of the place where the applicant was at that time and for this he was granted a week's time. The case then came up on 9-4-1952 before Dayal J. It was directed that it should be listed on Monday following. The next date was 14-4-1952 when the case came up before P. L. Bhargava J., but it was left out. It was then listed for hearing on 21-4-1952 but was passed over on account of the illness slip of Sri D. C. Asthana. For the same reason it was passed over on 22nd April when it came up before Dayal J. On 23-4-1952 it came up before Desai J. and at the request of the learned counsel for the applicant two weeks' time was allowed to the applicant to file a copy of the judgment of the trial Court. A medical certificate was filed on that date. That certificate was from the Director of the New Delhi Tuberculosis Centre, Dr. B. K. Sikand, M. B. B. S. D. ph. (London). His certificate is to the following effect:

(2.) The case was then listed in Court no. 6 before Brij Mohan Lall J. In the affidavit filed in support of this application it is stated that the learned counsel for the applicant was ill on that day and he had sent an illness slip to Court No. 6. It so happened, however, that for shortage of work this revision was transferred from Court No. 6 to the Court of Bhargava J., who dismissed the application in revision on the ground that none appeared for the applicant, that the applicant had not surrendered and that he did not file the medical certificate from the Civil Surgeon showing that he was suffering from tuberculosis. It does not appear from the order that the certificate which the applicant had filed before Desai J. on 23-4-1952, was brought to his notice.

(3.) It is evident that the dismissal of the revision was brought about by two circumstances, (1) because the illness slip of Sri D. C. Asthana was not transferred to the Court of Bhargava J. when the case was transferred to him and (2) the medical certificate which had been filed by the applicant on 23-4-1952, was not brought to the notice of P. L. Bhargava J. when he passed the order dated 12-5-1952.