Court No. - 46
Case :- APPLICATION U/S 482 No. - 6955 of 2018 Applicant :- Smt. Raj Mohini Srivastava Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manu Khare Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Heard Sri Satish Trivedi, learned Senior Counsel assisted by Sri Manu Khare, learned counsel for the applicant and the learned A.G.A.
Learned counsel for the applicant is permitted to make necessary correction in the memo of application.
The instant application has been filed by the applicant with a prayer to quash the order dated 13.2.2018 passed by the learned Additional Chief Metropolitan Magistrate-I, Kanpur Nagar in Complaint Case No.3507 of 2007 (Earlier No.2788 of 2000), Anand Srivastava Vs. J.K. Srivastava and others, under Sections 255,259,260,406,420,467,468,471 IPC, P.S. Kotwali, District Kanpur Naga.
The submission of the learned counsel for the applicant is that the applicant who has been prosecuted in the aforesaid case, is 93 years of age. The applicant is a patient of Cancer which is in advance stage. She is getting treatment for the same including TURB, Radiation and Chemotherapy at the Apollo Hospital, New Delhi. It is further submitted that on account of the chronic disease, the applicant is unable to appear before the court below on each and every date. Hence an application was moved on behalf of the applicant for claiming exemption from personal appearance and seeking bail, which has been rejected by the court below without giving any cogent reason, except that the applicant was not present. The order of Hon'ble the Apex Court dated 31.7.2017 was brought to the notice before the court below in which specific order was passed that the applicant being an old lady, the trial court may grant exemption from personal appearance in accordance with law.
Learned counsel for the applicant has further submitted that in the interest of justice on humanitarian ground, the court below may be directed to allow the application seeking exemption from personal appearance of the applicant as she is suffering from Cancer which is in advance stage and she cannot bear the risk of infection while travelling to appear in court at Kanpur Nagar on every date.
Considering the special facts and circumstances of the case, learned Additional Chief Metropolitan Magistrate-I, Kanpur Nagar is directed to consider the exemption application of the applicant afresh in the light of the observation made by the Hon'ble Apex Court in the order dated 31.7.2017.
With the above direction, the application is disposed of.
Order Date :- 28.2.2018 M. Tariq