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PETITIONER: ANAMIKA CHAWLA

       Vs.

RESPONDENT: METROPOLITAN MAGISTRATE AND ORS.

DATE OF JUDGMENT:       01/05/1997

BENCH: SUHAS C. SEN, K.S. PARIPOORNAN

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      This case  arises  of  alleged  ill-treatment  of  Mrs. Anamika Chawla  by her  husband and  her father. The case is going on  since 29th  July 1995. Smt. Anamika Chawla came up against the  order passed by the Metropolitan  Magistrate on 29th July,  1995 ordering to be admitted to Delhi Psychiatry Centre, 35,  Defence Enclave,  Vikas Marg,  New  Delhi,  for observation and  treatment. This Order was passed with undue haste  even  without  seeing  the  alleged  patient  Medical certificates were  produced from Dr. Sunil Mittal and Dr. S. C. Malik.  The case  of the petitioner, Mrs. Chawla, is that neither of the two doctors had ever met her or examined her. The allegation appears to be true.      When the  application was moved by Mrs. Anamika Chawla, she was  staying in  Guild of  Service Hostel in  New Delhi. The warden of the Hostel appeared in person  and stated that she found  Mrs. Chawla’s  behaviour    normal.  She  was  on friendly terms  with the other inmates of the hostel. It was also recorded in the Order of this Court held on 3rd August, 1993  that   this  Court   had  personally   questioned  the petitioner and  had not  noticed any  mental aberration  bus since the  medical certificates had been produced before the Magistrate, we wanted to examine the case in greater detail.      The case has now gone on a number of days. We heard the Doctors and  examined the  reports heard all the parties Mrs Chawla has  appeared before  us personally  on a  number  of days. We  have spoken  to her on all these days. We have not noticed the slightest  abnormality in her behaviour.      We tried  to bring  about a  reconciliation between the husband and  wife but  unfortunately no reconciliation could be brought  about. The  parties  were  directed  to  undergo counselling which  has gone  on for  some time. We have seen records sent  by the  counsellor. We are of the view that no useful purpose  will be  served by  prolonging this case any further.      We hold  that  there  was  no  basis  for  passing  the impugned order  dated 20th  July, 1995  by the  Metropolitan Magistrate. The Order is quashed. The Writ Petition filed in this Court  by Anamika  Chawla is  disposed  of  finally  as above. There will be no order as to costs.

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