Chandra Prabha Khanna vs Cbi
2019 Latest Caselaw 6231 Del

$~66
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 04.12.2019
+      CRL.M.C. 6226/2019
       CHANDRA PRABHA KHANNA                  ..... Petitioner
                   Through: Mr. Rakesh Kr. Singh and
                            Mr. Arunav Tewari, Advs.
                   versus

       CBI                                                ..... Respondent
                          Through:      Mr. Amrit Singh Khalsa and
                                        Ms. Hiteshi Kakkar, Advs. for CBI

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

CRL.M.A. 41848/2019 (Exemption)

1. Allowed, subject to all just exceptions.

2. This application is, accordingly, disposed of.

CRL.M.C. 6226/2019 and CRL.M.A. 41849/2019 (Stay)

3. Vide the present petition, the petitioner seeks direction thereby to set

aside the order dated 29.11.2019 passed by the learned Special Judge (PC

Act) CBI-14, Rouse Avenue Court Complex, New Delhi while rejecting the

application filed by the wife of the accused no. 11 in the case titled CBl vs

A.K. Shankaran & Ors (Raman Vihar CGHS), whereby the case pertaining

to the accused no. 11 was separated vide separate order and the case has

been now listed as CBl vs Karta Ram Khanna, numbered 152/2019 CBI vs

Karta Ram Khanna (Raman Vihar CGHS). He further seeks direction

thereby directing the learned Special Court to seek proper clarification from

the medical board in the light of the facts that whether the statement of the

accused can be recorded under Section 313 Cr.P.C., since the accused is not

able to write and speak as has been held by the medical board vide its report

dated 05.08.2019.

4. In the statement recorded under Section 313 Cr.P.C., incriminating

evidence has to be put to the accused to seek his reply thereto. If the reply of

the accused is 'Yes' or 'No' and the accused is unable to speak and write,

the said accused can answer by gestures in 'Yes' or 'No'. But at the end, the

Court has to give liberty to the accused to say something in his defence and

whether he would like to examine defence witnesses. As per the report dated

05.08.2019, the accused is unable to write and speak and therefore, the

statement under Section 313 Cr.P.C. cannot be completed.

5. Since the report is of 05.08.2019, therefore, I hereby direct the Trial

Court to defer the further recording of the statement under Section 313

Cr.P.C. of the accused and to issue necessary directions for the accused to be

presented before the medical board seeking proper clarification as to

whether the accused No. 11 can now speak or write. Till then, no coercive

steps shall be taken against the accused, since he is already on bail. Trial

Court shall decide the date on which the statement of the accused shall be

recorded, on the basis of the further report of the medical board.

6. In view of the above, the petition is allowed and disposed of. Pending

application also stands disposed of.

7. The Registry of this Court is directed to transmit the order passed by

this Court to the Trial Court through Special Messenger immediately.

8. Order dasti under the signatures of Court Master.

(SURESH KUMAR KAIT) JUDGE

DECEMBER 04, 2019 PB