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Judgment
Bakhshish Kaur, J.
Notice of motion to A.G. Haryana.
On the asking of the Court Mr. J.P. Daulan, AAG, Haryana accepts notice.
Shyama Arorapetitioner alongwith others is facing trial before the trial Court for the offence punishable under Section 304A read with Section 34 of the Indian Penal Code, since 1996. An application was moved before the trial Court seeking exemption for personal appearance, but the trial Court has dismissed the same without assigning any reasons. Hence, this petition under Section 482 of the Code of Criminal Procedure.
The impugned order for facility of reference is reproduced as under :
"At this stage learned defence counsel filed an application for exemption for personal appearance of accused Dr. Shama Arora, which is disallowed in the interest of justice." From a simple reading of the order, it is manifestly clear that the trial Court has not at all applied the judicial mind before dismissing the application for exemption. In fact, the order has been passed in a cursory manner. The application seeking exemption for personal appearance has been disallowed by observing that it is disallowed in the interest of justice. The expression "interest of justice" has vast meaning and it is not discussed how the interest of justice will be met by disallowing the application.
The abrupt decision of the application by the Court in a cursory manner, without assigning any reason whatsoever, cannot be said to have been taken in the administration of justice.
It is a case where inherent powers under Section 482 of the Code of Criminal Procedure, need to be invoked so as to prevent abuse of the process of Court or otherwise, secure ends of justice.
The personal appearance of the petitioner who is stated to be a doctor running a private nursing home is exempted before the trial Court till further orders. The trial Court, shall, after considering whether her personal appearance is necessary, may issue a notice to the petitioner requiring her appearance. The petitioner is also directed to comply with the direction and put in appearance before the trial Court as and when she is summoned. The petitioner shall give in writing before the trial Court that she will have no objection if the evidence is recorded in her absence and she will appear before the trial Court as and when summoned by the Court during trial of the case.
Disposed of.