MAYA RAM Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) MAYA Ram, Petitioner has approached this Court under Section 482 Cr.P.C. seeking quashing of order dated 22.04.2013, passed by the Judicial Magistrate 1st Class, Jagadhri, whereby evidence of the prosecution has been closed by order with a further prayer to examine the material witnesses, namely, Dr. Rajesh Goyal, MOCH, Mustafabad and Dr. Mahesh Singla, MOCH, Yamuna Nagar. Counsel for the petitioner has submitted that examination of the above named doctors is necessary for the just and proper decision of the case and a great prejudice is likely to be caused to the case of the petitioner in proving offence under Sections 323, 325 IPC, in case, the doctors are not examined.

(2.) COUNSEL for respondent No. 2 contends that the petitioner, in place of filing an application under Section 311 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') before the trial Court, has approached this Court in haste. However, it has not been disputed that non -examination of aforesaid doctors would cause a serious prejudice to the case of the complainant in regard to his allegations of sustaining simple and grievous injuries, at the hands of the accused/assailants.

(3.) KEEPING in view the totality of the facts and circumstances discussed hereinabove, the petition is allowed. The trial Court is directed to examine Dr. Rajesh Goyal and Dr. Mahesh Singla. The prosecution would ensure the presence of the doctors before the trial Court, on the date (s), fixed for recording their evidence. With these observations, the petition stands disposed of.