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2014 Supreme(MP) 1103

P.SAM KOSHY
Madhuri Wankhede – Appellant
Versus
State of C. G. – Respondent


Advocates Appeared:
For the Appellant :Y.C. Sharma, Advocate
For the Respondents:O.P. Sahu, Govt. Advocate

Judgment:

P. Sam Koshy, J.

1. In the instant petition under Section 482, Cr. PC., the petitioner has challenged the order dated 26-3-2014 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Dhamtari in Special Sessions Trial No. 3/13. The case of the petitioner is that the petitioner, who is a Senior Medical Officer at District Hospital, Dhamtari was a witness in the aforesaid sessions trial case and she as a witness was summoned to give her evidence before the Trial Court on 9-5-2013, but on account of some emergency duty at the hospital, she could not appear before the Court and moved an application for exemption of her appearance on the said date. Therefore, fresh summon was issued securing her appearance on 10-6-2013 on which date, the petitioner appeared before the Court below, but her statement could not be recorded because there was a condolence on account of the death of a member of the Bar. Subsequently, again fresh summon was issued for her appearance before the Trial Court on 21-1-2014 on which date, as the petitioner was not feeling well, her husband who was also a Govt. Doctor had gone to the Court and moved an application a








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