SHRAWAN KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed against the order of the learned Chief Judicial Magistrate, Nagore dated 3/4/1987 whereby the learned lower court has accepted the application of thy petitioner Shrawan Kumar for grant of exemption and has further ordered that in future, if petitioner Shrawan Kumar wants to take any adjournment on the basis of his heart ailment, he must produce a Certificate from the Doctor posted in Government Dispensary of Government Hospital and unless he does that, no exemption will be granted.

(2.) The facts necessary to be noticed for the disposal of this petition briefly stated are: that on 11/12/1986, two applications were filed on behalf of accused Shrawan Kumar under section 317, Cr. P.C. By the first application, which has been decided by this impugned order, exemption for that day was sought and that has, of course, been granted but the learned lower court has observed that in future, if accused-petitioner Shrawan Kumar seeks any exemption, he must produce a certificate of a Government Hospital/Dispensary. It is this order, which is under challenge.

(3.) Mr. Rana Mal Mehta, the learned counsel appearing for the petitioners has submitted that the second application for grant of exemption during the trial or till further orders has not been decided by the learned lower court. It should have been decided and the petitioner Shrawan Kumar should have been granted exemption because he is a heart patient.