DIWAKAR Vs. JAI RAM

JUDGEMENT

(1.) The complainant-petitioner has filed this petition under Section 482, Cr. P.C. for quashing the order of the Additional Sessions Judge, Gurgaon, dated September 18, 1996, andthe proceedings now pending in the Court of the Chief Judicial Magistrate, Gurgaon.

(2.) Brief facts of the case are that the petitioner-complainant lodged a report on June 7, 1995 (FIR No. 120), which was registered under Section 324/342/307/34, I.P.C. at Police Station Nuh, District Gurgaon, against respondents 1 to 5. The FIR is reproduced in the petition itself. In this incident the complainant-petitioner received four injuries. Only injuries Nos. 1 and 2 are material for the decision of this petition, which are reproduced below :-

(3.) After completing the investigation, police submitted the charge-sheet for the aforesaid offences against respondents 1 to 5. Thereafter Jai Ram accused-respondent filed a petition before the Superintendent of Police, Gurgaon, alleging that the doctor's opinion obtained during investigation is not correct; second opinion be obtained about the injuries sustained by the complainant. On receiving such an application submitted by the aforesaid accused, further opinions of Dr. J. K. Saini and Dr. S. K. Khanna were obtained. After obtaining these additional opinions of these doctors, supplementary charge-sheet was filed under Section 173(8), Cr. P.C., though again it was filed for the aforesaid offences.