SATBIR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The present petition, under Section 482, Cr.P.C., has been filed by the petitioner, Satbir, son of Kidara, for quashing of the order, dated 1.10.2012 (Annexure P-2), passed by the learned Judicial Magistrate Ist Class, Safidon, District Jind, whereby the application under Section 311, Cr.P.C, filed by him (Satbir) was dismissed.

(2.) The brief facts of the case are that FIR No. 77, dated 27.4.2008, under Sections 323, 324, 326 read with Section 34, IPC, Police Station, Pillukhera, was registered on the statement of the petitioner, Satbir. Dalsher, son of the petitioner, had sustained the injury at the hands of respondent Nos. 2 to 4, attracting the mischief of Section 326, IPC. Dr. Kanta Goel, Radiologist, General Hospital, Hisar, had radiologically examined the said Dalsher. On the basis of her report, Section 326, IPC, was added since a fracture on the right side of the skull of the injured, Dalsher, was detected.

(3.) After investigation, the charge-sheet (report under Section 173, Cr.P.C.) was submitted before the learned Area Judicial Magistrate, who found a prima facie case against respondent Nos. 2 to 4 and framed charges for the offences punishable under Sections 323, 324 and 326 read with Section 34, IPC, and the case was posted for recording of the evidence of the prosecution. During the course of the trial, the petitionercomplainant, Satbir, came to know that the Station House Officer had failed to array the name of Dr. Kanta Goel, Radiologist, General Hospital, Hisar, in the list of prosecution witnesses, therefore, he moved an application under Section 311, Cr.P.C., for allowing the prosecution to summon Dr. Kanta Goel, to prove the report prepared by her with regard to the grievous injury found on the skull of the injured, Dalsher. The said application was contested by respondent Nos. 2 to 4. The learned Trial Court vide its order dated 1.10.2012 (Annexure P-2), dismissed the application and, hence, the present petition.