JASBIR SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Prayer in this petition is for setting-aside the order dated 16.08.2016 (Annexure P11) passed by the trial Court vide which the application filed under Section 311 of the Code of Criminal Procedure (in short 'Cr.P.C') for summoning Dr. Ankur Gupta from PGIMER, Chandigarh as a prosecution witness has been dismissed.

(2.) Brief facts of the case as per the allegations in the FIR are that on 17.11.2009, the respondent No.5 had a quarrel with the petitioner and later on, the matter was compromised. However, on the next day i.e. 18.11.2009, respondents No.5 and 7 caused injuries to the cousin brother of the petitioner namely Buta Singh and he was medico legally examined. Thereafter, a complaint was moved to the police, however, the police without taking action forced them to compromise the matter in the village. Again on the same day at about 08:00 PM all the private respondents forcibly entered in the house of cousin brother of the petitioner namely Dilbagh Singh armed with sharp edged weapons like axe, swords, iron rods and sticks and attacked upon the petitioner and his mother Smt. Amrit Kaur, his aunts, Smt. Pal Kaur and Smt. Jarnail Kaur, his sister-in-law Smt. Manjit Kaur, his uncle Sh. Gurdev Singh, his cousin brother Dalbir Singh and caused injuries to them. All of them were saved by the witnesses and thereafter, the police took all the injured persons to P.H.C. Naggal and from there, they were referred to the Civil Hospital, Amabla. Considering the serious conditions of Pal Kaur and Amrit Kaur, both of them were referred to the PGIMER, Chandigarh and thereafter, in this regard FIR No.74 dated 19.11.2009 under Section 148, 149, 323, 452, 506 of the Indian Penal Code (in short 'IPC') was registered at Police Station Naggal, District Ambala.

(3.) Counsel for the petitioner has submitted that the order dated 16.08.2016 dismissing the application filed by the petitioner under Section 311 Cr.P.C. is not sustainable as the Investigating Officer intentionally has not made Dr. Ankur Gupta of PGIMER, Chandigarh as a prosecution witness despite the fact that he has treated the injured witnesses namely Pal Kaur and Amrit Kaur.