Matters the petitioner may bring before the learned Judicial Magistrate Ist Class for further proceedings in accordance with law. The matter is now disposed of. The petition stands disposed of. The petition stands disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl. Petn. No.26/2017
BEFORE
THE HON’BLE THE CHIEF JUSTICE MR. T. VAIPHEI
Present: For the petitioner : Mr. A.C. Bhowmik, Sr. Advocate. Mr. D. Sarkar, Advocate.
For the respondents : Mr. S. Sarkar, P.P.
Mr. D. Bhattacharjee, Advocate.
24.8.2017.
Heard Mr. A.C. Bhowmik, the learned senior counsel assisted by Mr. D. Sarkar, the learned counsel for the petitioner. Also heard Mr. S. Sarkar, the learned Public Prosecutor appearing for the State and Mr. D. Bhattacharjee, the learned counsel for the private-respondent.
After hearing the learned counsel for the parties, the controversy for the time being has boiled down to the question as to whether the private-respondent, in view of the allegation that she is suffering from schizophrenia/insanity disease, is incapable of giving her evidence or not. It may be noticed that a divorce proceeding i.e. T.S. (D) No.02/2016 filed by the petitioner against the private-respondent is also pending before the learned Judge, Family Court, Udaipur, Gomati District.
It is reported that examination of the privaterespondent is yet to commence. In that case, it is desirable that till completion of the evidence of the private-respondent, further proceedings in PRC (WP) No. 47 of 2016 pending before the learned Judicial Magistrate Ist Class, Amarpur is stayed. Order accordingly.
As and when the evidence of the private-respondent is recorded (or cannot be recorded due to her insanity as alleged by the petitioner) by the Family Court, the petitioner may bring such development before the learned Judicial Magistrate Ist Class for further proceedings in accordance with law. Needless to say, the learned Magistrate may consider any
Crl. Petn. No.26/2017
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application filed, if so advised, thereafter by the petitioner for considering the competence of the prosecutrix to give evidence in the trial and pass an appropriate order in accordance with law.
The petition stands disposed of.
CHIEF JUSTICE
Crl. Petn. No.26/2017
Page 2 of 2
1 issue framed by the court
Whether the private-respondent is incapable of giving evidence due to alleged schizophrenia/insanity.
Petitioner
Private-respondent
T. VAIPHEI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
