(1.) With the consent of the parties, the matter is heard finally.
(2.) The present application filed by the petitioner under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023being agrieved by the order dtd. 17/1/2025 passed in Sessions Trial No. 167/2022 by Second A.S.J. Ambikapur, District Surguja (C.G.), whereby the application filed by the petitioner under Sec. 91 read with Sec. 311 of Cr.P.C has been dismissed.
(3.) The case in nutshell is that PW-01 complainant has lodged a complaint Ex. P-01 and FIR Ex. P-02. The complainant stated under Sec. 164 of Cr. P.C. that the injured/deceased was immediately taken to Mission Hospital, Ambikapur for treatment and from there he was referred to Raipur for further treatment. Body Panchnama Ex. P-08, written complaint to Tehsildar Ex. P15 and Police statements of all the witnesses states that the injured was admitted to Holy Cross Mission Hospital, Ambikapur for treatment immediately after receiving injuries.