Petition for commission u/s 284 crpc

This query is : Resolved 
 

(Querist)
24 September 2019

My father is a witness in a property related criminal matter filed in 2012.Charge sheet submitted in 2013, Trial began 2014.Father has been approaching the court since 2014 to have his statement recorded owing to his ill health, he being 83 years old.Father went from Jalpaiguri to rajasthan in April-2017 for recording his statement, His chief was completed and during cross by defense he fell ill and the witness was deferred.His health has further deteriorated.He filed application u/s 284 for commission in 2017 which court rejected in 2019 citing the reason as if he can sustain expenses of commission then he can more comfortably come down to court.A petition u/s 482 is pending with High Court, meanwhile the local court has once again ordered his witness personally else issue of warrant.High Court preoccupied with bail.matter do not reach.An ailing individual of 84 years with serious cardiac conditions himself asking for his witness since 2014, which took place in 2017, his commission petition rejected with taunt that he can travel at lesser cost to court, and now being threatened with issue of warrant.by magistrate.
A very difficult situation health wise, money wise.

01. Can we file another application u/s 284 before the same court on designated date ?
02. Can the court refuse to accept second such petition ?and issue warrant instead ?
03. Any Other Remedy ?


P. Venu (Expert)
25 September 2019

The best option is in expediting the petition before the High Court.

Goapl Garg (Querist)
25 September 2019

The petition before high court is not reaching the hearing serial as such petition are categorized in last.Trying best for same.Meanwhile cam we file a second 284 petition on next date before same ACJM?

Dr J C Vashista (Expert)
26 September 2019

File another application before ACJM.

Goapl Garg (Querist)
29 September 2019

The Local Lawyer says once the such petition is rejected by same ACJM, then the court shall not accept second such petition on the same issue,i.e.284 crpc....very tricky situation, a person being old age-bed ridden, court not allowing commission for statement, High Court burdened with pending list, not hearing for last two months,defendants pressing for production by warrant, Can we file second 284 petition in same court ?

Goapl Garg (Querist)
29 September 2019

The Local Lawyer says once the such petition is rejected by same ACJM, then the court shall not accept second such petition on the same issue,i.e.284 crpc....very tricky situation, a person being old age-bed ridden, court not allowing commission for statement, High Court burdened with pending list, not hearing for last two months,defendants pressing for production by warrant, Can we file second 284 petition in same court ?

venkatesh Rao (Expert)
31 October 2019

In my opinion, the order of trial court is not interlocutory and hence revision u/s 397 of Cr.P.C. is maintainable. You may consult your advocate.Second application before the same court s not maintainable as there are no changed grounds.



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