IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.268 of 2009 REKHA DEVI, WIFE OF KRISHNA LAL TAIYA, RESIDENT OF MOHALLA-NAWAGARHI, POLICE STATION CIVIL LINE, GAYA. …PETITIONER Versus STATE OF BIHAR …OPP.PARTY For the petitioner: Mr.S.R.P.Baxi, Sr. Advocate, : Mr. Rahul Nath & : Mr. Ashok kr. Sharma For the State : Mr. Jharkhandi Upadhyay,APP ----------- 02. 03.08.2010 Heard counsel for the parties. Present application is directed against the order dated 28.01.2009, passed by learned Judicial Magistrate, 1st Class, Gaya in C1357/06/Tr.886/08/Tr. 886/08 (Rekha Devi vs. Binod Lal Tatak). By the said order the application filed under section 284 of the Code of Criminal Procedure on behalf of petitioner for examination of her mother Gayatri Devi on commission has been rejected. Background of case may be briefly indicated. Petitioner/complainant and the accuseds are closely related. This fact shall be evident from a bare perusal of the complaint which has been enclosed as Annexure-1 to supplementary affidavit. The allegation in the complaint is that accused persons who are close agnates of the complainant and aforesaid Gayatri Devi produced fake persons, who impersonated themselves as Gayatri Devi and the present complainant and on the strength of their depositions and signatures/LTIs, certain order(s) were fraudulently obtained. This led to filing of present complaint as well as Partition Suit no.360/05 in the court of Sub Judge II, Gaya. - 2 - Learned counsel for the petitioner submits that in the present proceeding the mother of the complainant Gayatri Devi was to be examined. She was kept in confinement by the accused persons where she was residing from before. This prompted the complainant to approach the court by filing an application seeking police protection in the matter. On a consideration of submissions advanced on behalf of complainant, learned Magistrate by order dated 03.02.2007 directed for making available police protection to the mother(Gayatri Devi) of the complainant(petitioner) and only thereafter she could be examined. Learned counsel next contends that in the pending Title Suit an application was filed on behalf of the plaintiff for examination of aforesaid Gayatri Devi on commission. After having heard the parties, learned court in seisin of the case, directed for her examination on commission by order dated 11.01.2007. It is submitted that mother of the petitioner belongs to a conservative family where the tradition is that females are not allowed to go out of the house as they are ‘Pardanashin ladies.’ Learned counsel for the petitioner also submits that aforesaid Gayatri Devi is fairly aged lady and is suffering from serious ailments. On these submissions, it has been contended that the prayer of the complainant/petitioner was justified and court below ought to have allowed the same. It is also contended that by allowing the prayer of the complainant/petitioner no prejudice of any sort is to be caused to the accused persons. Learned APP, on the other hand, supported the impugned order. It is contended that aforesaid Gayatri Devi did appear in court in course of enquiry made under section 202 Cr.P.C.. - 3 - I have heard the submissions advanced on behalf of the parties and perused the materials on record. The complainant/petitioner has set out the accusations in detail in complaint petition. It appears therefrom that accused persons who are cousins of the complainant allegedly committed forgery and they fraudulently produced a lady claiming to be the mother of the complainant and get her L.T.I./signature(s) and thereby obtained orders from the court. This is the gravamen of charge which is being adjudicated upon in the present criminal proceeding. The situation prevailing in the family prompted the complainant to approach the court for police protection enabling the mother of the complainant to be produced in court for her examination under section 202 Cr.P.C. Having regard to the materials on record and after being satisfied with bona fide of the application the court did grant police protection. The said application of the petitioner filed in the present proceeding was allowed after hearing both sides. I am also satisfied from the arguments advanced on behalf of the petitioner that Gayatri Devi is fairly aged lady. According to the petitioner, she is aged about 74 years. Learned counsel for the petitioner sassures the court that the accused and their counsel shall be treated with respect and no harm shall be caused to them. On a consideration of entire materials placed on record, this Court is inclined to allow the prayer made in the present application. Consequently, while setting aside the impugned order this court directs that the mother of the complainant shall be examined on commission for which the petitioner will deposit appropriate fee etc. with the court within three weeks from today. - 4 - The application is accordingly allowed. The petitioner is directed to produce a copy of this order in the court below within three weeks from today and make appropriate application. hr ( Kishore K. Mandal )