Shabnum vs JANSON THOMAS PRINICIPAL ST. JOSEPH

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 Criminal Procedure Code in a complaint filed under section 138 of the

Negotiable Instruments Act. It has been stated that the petitioner is consfined to bedand is not in a position to move to and fro.

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, Prinicipal St.Joseph Hr. Sec. School, Baramulla, it was directed that the trial court shall not insist the personal appearance of the

pertitioner (accused) subject to proper representation of the petitioner through counsel.

By another order dated 7-7-2017, of this Court passed in the aforesaid petition, this Court directed that the trial court can procced in the mattar

in terms of the order dated 8-3-2017 of this Court and in case the petitioner goes unrepersented for more than two hearings he can have recourse

to coercive methods.

The petitioner has taken an umbrage under the aforesaid orders of the Court in stating that her statement under Section 242 Criminal Procedure

Code may be directed to be recorded by the Presidilng 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 he 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 dismissied.

Disposed of accordingly.