PRADEEP DUTTA Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The proceedings in the matter have been conducted through hybrid mode [physical and virtual hearing].

(2.) The respondent Nos. 2 to 5 herein are the accused in the subject FIR, which was registered at the instance of the petitioner herein. By the impugned order dtd. 4/12/2021, the MM has rejected an application filed by the petitioner under Sec. 311 of the CrPC for summoning of two additional witnesses on behalf of the prosecution. Facts

(3.) The petitioner and the respondent Nos. 2 to 5 were neighbours. The petitioner is a doctor by profession. The FIR concerns an incident which is alleged to have taken place on 30/1/2002 at 9:50 AM. The petitioner claims to have gone to the residence of the respondent Nos. 2 to 5 with a process server to serve summons upon them in connection with a writ petition filed by the petitioner's mother, Mrs. Roma Dutta before this Court. The petitioner further states that the process server informed him that the addressees have refused service of summons, following which he was slapped and kicked by the respondent Nos. 2 to 5 and some other persons. His clothes and spectacles were damaged. He was thereafter dragged inside the premises of the respondent Nos. 2 to 5 and beaten up. He was also later pushed onto the driveway. The petitioner made further complaints in this regard to the police authorities on 30/1/2002, 4/2/2002 and 4/3/2002.