JASPREET MICKIE OBEROI Vs. MICKIE OBEROI

JUDGEMENT

(1.) RULE returnable forthwith by consent. By means of this petition, preferred under Article 227 of the Constitution of India, and section 482 Cr. P. C. the petitioner has impugned the order dated 2-8-1995 passed by the Additional Sessions Judge, Pune refusing to quash the order dated 6-6-1995 passed by the Chief Judicial Magistrate, Pune fixing Rs. 30,000/- as expenses for the commission for examining one Lt. Col. Jagjit Singh of Jammu who is said to be a material witness in the case.

(2.) A brief narration of the facts, as emerging from the recitals contained in the petition, would be necessary for the proper disposal of this petition: On 8-10-1987, the petitioner married the Respondent No. 1 at Pune under the rites and ceremonies under the Hindu Marriage Act, 1955. On 23-10-1987, the petitioner and the Respondent No. 1 left for Jammu. In February, 1988, the Respondent No. 1 is said to have started threatening the petitioner at the point of knife. At that time, she was carrying pregnancy. On 31-7-1988, the petitioner delivered a female child at Pune. On 6-1-1989, Respondent No. 1 harassed and twisted the petitionerts leg. This is alleged to have been seen by Lt. Col. Jagjit Singh who was a neighbour of the petitioner and Respondent No. 1 at Jammu. On 21-1-1990, the petitioner filed a complaint against the Respondent No. 1 and his mother Respondent No. 2 for harassment and cruel by with the Commissioner of-Police, Pune. On the basis of the complaint, an offence under Section 498a r/ws 34 IPC was registered against the respondent No. 1 and 2.

(3.) THE aforesaid complaint gave rise to the prosecution of Respondent Nos. 1 and 2 in-the Court of Chief Judicial Magistrate, Pune. When the prosecution evidence had been closed, the petitioner made a prayer for examining Lt. Col. Jagjit Singh on commission, on the ground that as he was ill, he could not come to Pune. That prayer of the petitioner was rejected by the Chief Judicial Magistrate, Pune vide his orders contained in Exhibit 160 in C. C. 63/94.