Research › Search › Judgment

J&K High Court · body

2017 DIGILAW 665 (JK)

Shabnum v. Janson Thomas Principal St. Joseph Hr. Sec. School, Baramulla

2017-08-18

M.K.HANJURA

body2017
Judgment M.K. Hanjura, J.—In this MP, the petitioner has craved the indulgence of this Court in directing the learned Court of Munsiff Baramulla to appoint a Commissioner for recording the statement of the applicant/petitioner under section 242 Cr.PC in a complaint filed under section 138 of the Negotiable Instruments Act. It has been stated that the petitioner is confined to bedand is not in a position to move to and fro. 2. By an order dated 08.03.2017 of this Court passed inthe petition filed under section 561_A No. 34/2017 bearing the title “Shabnum Vs. Janson Thomas, Principal St. Joseph Hr. Sec. School, Baramulla” it was directed that the trial court shall not insist the personal appearance of the petitioner (accused) subject to proper representation of the petitioner through counsel. 3. By another order dated 7th June, 2017, of this Court passed in the aforesaid petition, this Court directed that the trial court can proceed in the matter in terms of the order dated 08.03.2017 of this Court and in case the petitioner goes unrepresented for more than two hearings he can have recourse to coercive methods. 4. The petitioner has taken an umbrage under the aforesaid orders of the Court in stating that her statement under section 242 Cr. PC may be directed to be recorded by the Presiding Officer of the Court of Munsiff, Baramulla himself or he may appoint a Commissioner. There is not even a whisper of evidence on record to suggest that the petitioner knocked the door of the learned Court and the Court refused her request. Therefore, it shall be appropriate to move an application before the trial court at that count at the first instance and if the trial court rejects the application of the petitioner that may give her a cause to seek the indulgence of this Court. The application being premature is dismissed. 5. Disposed of accordingly.