Excelsior Correspondent
Jammu, Dec 4: In a case arising out of complaint for giving false evidence during trial in the year 1995 lodged by the then Principal Sessions Judge, Jammu, against a doctor namely Dr. G.M Bhat, the then Medical Officer posted at Police Hospital Srinagar and who was then putting up at MLA’s hostel Srinagar, Chief Judicial Magistrate, Jammu A.S Langeh directed Treasury Officer of Govt. Treasury Pattan District Baramulla to attach the pension account of accused till further orders and report compliance.
This order was passed after Chief Medical Officer, Baramulla conveyed to the court that accused remained posted in district Baramulla at Block Pattan from 26.07.2003 to 29.02.2012 and has since superannuated from the service.
While taking serious note of attitude of accused to not respond to the various processes of law issued against him including an order for publication of proclamation against him, the court expressed – “In the manner, accused has virtually ridiculed the process of law by holding it hostage to his whims by not responding to said process of law issued against him from time to time as a consequence of which trial in the complaint instituted way back in the year 1995 as aforesaid is suffering procrastination.” adding “Having regard to the totality of the circumstances and considering various orders passed in the matter from time to time and also adverting to the recalcitrant attitude of accused on account of which he appears to be determined not to cause appearance, it is deemed expedient to direct Treasury Officer of Govt. Treasury Pattan (District Baramulla) to attach the pension account of accused till further orders and report compliance.”
The Court further noted that this is the only measure which in the given facts seems to be consistent with the scheme of code of criminal procedure directed at ensuring procurement of attendance of accused who has evaded process of law and hidden himself so as to be rounded up and brought before the court in the complaint in hand which was lodged by none other than the then worthy Principal Sessions Judge, Jammu.
The allegations against accused are that during the course of criminal trial, he gave false evidence as a consequence of which the then Principal Sessions Judge, Jammu lodged complaint against him under Section 195 read with Section 479-A of Cr.P.C for offence under section 193 of RPC.
With these observations, court posted the matter for 28.12.2021 for further proceedings.
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