Point of Law: Section 317 of Code of Criminal Procedure reads as Provision for inquiries and trial being held in absence of accused in certain cases.

JUDGMENT :

Satyen Vaidya, J.

The Registry of this Court received a written request dated 20.4.2022 from learned Additional District and Sessions Judge, Chamba, District Chamba, H.P. seeking permission to visit the place of accused to conduct trial in case No. 27 of 2017 (Sessions Trial) titled as State of H.P. vs. Naresh Kumar, pending before the said Court. It was submitted that the accused Naresh Kumar was bedridden as a known case of “fracture C-5 with quardiplegia” leading to permanent loss of function. He was not able to move from one place to another, although, his memory and speech was normal.

2. The above noted request was ordered to be treated on judicial side and, as such, the instant matter came for adjudication before this Court.

3. Keeping in view the nature of the matter, Sh. Manohar Lal Sharma, Advocate, was appointed as Amicus Curiae. The record of the case (Sessions Trial) No. 27 of 2017 pending before the learned Additional Sessions Judge, Chamba was also requisitioned.

4. It is revealed from the record that learned Judicial Magistrate 1st Class, District Chamba, H.P. took cognizance of offence under Section 304-AA IPC against accused Naresh Kumar and passed committal order.

5. The gist of allegation against the accused is that on 09.12.2015 while driving vehicle (Tata-Sumo) bearing registration No. HP-02-0185 he caused the accident, as a result of which, the vehicle fell into a deep gorge. The other occupant of the vehicle namely Sh. Joginder Singh died on the spot, as a result of injuries suffered in the accident. The accused is alleged to be driving the vehicle at the time of accident under intoxication. ‘Ethyl Alcohol’ is stated to be present in the blood sample of the accused.

6. The accused himself suffered 100% disability on account of injuries suffered by him in the accident. A copy of disability certificate issued by a Medical Board in respect of the accused is on record, which reveals his diagnosis as “fracture C-5 resulting in quardiplegia”. His disability has been assessed at 100% in relation to whole body. The disability of the accused is also stated to be permanent.

7. With the disability suffered by the accused, he is stated to be not able to move and is further stated to be permanently bedridden. Due to the physical condition, accused is not able to personally appeared in the Court to face the trial. The matter was repeatedly adjourned for presence of the accused, but for the reasons noted above, his presence could not be procured by the Court.

8. In the above background, the following order came to be passed by learned Additional Sessions Judge, Chamba on 17.01.2022 :

“Present: Sh. Uday Singh, Ld. PP for the State.

Accused is not present.

Case file taken up today for proper order. The record shows that in this case, accused is not coming to the Court as he is reported to be bed-ridden. His medical condition is not good and keeping in view such medical condition of accused, an order dated 14.7.2021 was passed by my ld. Predecessor and in the last paragraph, he observed as follows:-

“Keeping in view the report of the Doctor and attending facts and circumstances of the case, accused is not in a position to move as such, request be made to the Hon’ble High Court to guide the further course of action to be conducted in the matter or to permit this Court to visit the place of accused to conduct trial in the matter as the case is pending since long for want of presence of accused and consideration on charge”.

Thus, my ld. Predecessor has observed that in view of the report of the Doctor, accused is not in a position to move and ordered to submit the request to Hon’ble High Court to guide the further course of action in the matter or to permit the Court to visit the place of accused to conduct trial in the matter. Since such order has been passed by my ld. Predecessor, therefore, let reference be submitted to the Hon’ble High Court through proper channel, in terms of order dated 14.7.2021 as passed by my ld. Prede