RAMESHWAR CHANDER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an application of Dr. Rameshwar Chander, PCMS-1, Chief Medical Officer, C.D.M.L.A. Hostel, Punjab, Chandigarh and has been treated as a petition under section 482 of the Code of Criminal Procedure.

(2.) It has been stated in the petition by the Doctor that he had gone for Court evidence in the Court of Shri B.K. Gour, Additional Senior Subordinate Judge, Mansa, on may 3, 1993 in the complaint case Vinod Kumar v. Goutam Kumar, under section 323, Indian Penal Code. As the Court timings at Mansa were from 7. a.m., he had to go a day earlier, that is, he went to Mansa on May 2, 1993. He went to the Court to get his evidence recorded on May 3, 1993. As Shri B.K. Gour, Additional Senior Subordinate Judge was on leave his evidence could not be recorded. Since it was a complaint case of private nature, the expenses of my Travelling and Daily Allowance were to be given by the party, who called him for evidence. He had gone in a private car and as per his entitlement, he was allowed to travel by car and claim the expenses equivalent to first class railway fare. Accordingly, he demanded the expenses, which came to Rs. 720/-. He was taken to the Court of Shri K.C. Gupta, Judicial Magistrate, Mansa. The Magistrate listened to the party and ordered that the Doctor should be bound down for May 19,1993 and he should be paid Rs. 200/-. He, requested the Court as per his entitlement, his expenses were Rs. 720/-. The Magistrate said that nothing more could be paid to him and he used obnoxious words in the process. He requested the Court to gave him Certificate of Attendance, but he was told to contact Shri B.K. Gour who was on leave. Shri K.C. Gupta, Judicial Magistrate also directed the Reader to record the order in which it was written that the Doctor had refused to accept Rs. 200/- and he was bound down for May 19, 1993. He was asked to sign that order if he wanted to get the Attendance Certificate. He signed the order but still the Attendance Certificate was denied to him.

(3.) It is then stated in the petition by the Doctor that as per rules in a private complaint the party was required to pay the expenses of the witnesses. The Court timings were from 7 a.m. at Mansa and one could not reach there in time on the same day and it was difficult to come back in the scorching heat after giving evidence. It was also a rule that in a private case, if the witness was bound down, he is paid the expenses in advance. He was a chief Medical Officer of Punjab Government and his total salary came to Rs. 11,020/- per month and he was entitled to travel by car and claim by first class railway fare. Mansa is about 200 Kms. from Chandigarh and one day for journey and one day for return journey were permissible. So, he was entitled to the first class fare of railway and three daily allowances and it came to Rs. 720/- but the Court offered him only Rs. 200/ -, which meant that had to pay from his pocket for giving evidence when he was neither an accused nor a defendant in the case. He was a Senior officer of the Punjab Government and was not an accused in the case. Instead of giving his right due to him, obnoxious language was used against him by the Judicial magistrate. Then, he was bound down for May 19, 1993, and had not been paid Travelling or Daily allowance for May 3, 1993, nor was the Attendance Certificate given to him. If he did not go on May 19, 1993 a warrant would have been issued, but at the same time it would be impossible for him to go by spending from his own pocket as he was not paid Rs. 720/- which was due to him on the earlier date. He has ultimately prayed that he be given Travelling and Daily Allowance due to him as per rules. Attendance Certificate for the date he attended the Court and the Magistrate be asked to improve his wrong behaviour and be courteous to the witness.