SAHID HUSSAIN Vs. STATE OF HARYANA AND ORS

JUDGEMENT

(1.) The present revision petition under the provisions of section 401 Cr.P.C. has been brought by Sahid Hussain , the petitioner against the order dated 05.01.2012 passed by learned Additional Sessions Judge, Fast Track Court, Nuh. Vide the impugned order, learned Additional Sessions Judge, Fast Track Court, Nuh has dismissed the application of Sahid Hussain, the petitioner under section 311 Cr.P.C. for summoning record keeper, Safdarjang Hospital, New Delhi alongwith the treatment record/ case sheet of Mohammad Akbar and Dr. H.G. Vyas, Safdarjang Hospital, New Delhi to prove the same.

(2.) It is claimed by the petitioner in his application that injured Mohammad Akbar was admitted to the hospital on 15.10.2005 and was discharged on 22.10.2005 from Safdarjang Hospital, New Delhi. According to him, he remained under the treatment of Dr. H.G. Vyas there. He has further mentioned in the application that the case sheet/treatment record was also attached with the judicial file.

(3.) According to him, due to inadvertence the name of Dr. H.G. Vyas was not mentioned in the list of the witnesses and for this reason, summons were not issued to the doctor. It is also mentioned in the application that examination of Dr. H.G. Vyas with record to prove the record of treatment is necessary. Hence, he prayed for summoning them as witnesses in the interest of justice.