RANDHIR SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C) for quashing of order dated 07.02.2017 passed in Criminal Revision No.247 of 2016 by the learned Additional Sessions Judge, Ambala whereby order dated 30.11.2016 passed by the learned Additional Chief Judicial Magistrate, Ambala dismissing application under Section 311 of the Cr.P.C. was set aside and application under Section 311 of the Cr.P.C. was allowed.

(2.) Pursuant to registration of FIR No.79 dated 14.06.2010, SHO, Police Station Barara, Ambala investigated the case and on completion of investigation charge-sheeted the petitioner-Randhir Singh and his co-accused to face trial for alleged commission of offences punishable under Sections 148, 149, 323, 324, 452 and506 of the Indian Penal Code, 1860 (for short 'the IPC). Charges were framed on 04.04.2011. Prosecution witnesses cited in the list of witnesses were examined and prosecution evidence was closed on 02.02.2016. Statements of accused were recorded. Defence evidence was also closed. While the case was fixed for arguments, application under Section 311 of the Cr.P.C. was filed by the prosecution for seeking examination of Dr. Priyanka to prove the Radiological Reports.

(3.) The said application was dismissed by learned Additional Chief Judicial Magistrate, Ambala vide order dated 30.11.2016 on the ground that the application, filed at a highly belated stage, being a device to fill up the lacuna could not be allowed and rights of the accused for fair and speedy trial could not be allowed to be defeated due to fault of the prosecution. Aggrieved by the order dated 30.11.2016, the injured filed the Revision Petition against the same which was allowed by learned Additional Sessions Judge, Ambala holding that examination of Dr. Priyanka was necessary and no prejudice would be caused by her examination to the accused who would get opportunity to cross-examine her. The said order has been challenged by the petitioner by filing the present petition under Section 482 of the Cr.P.C.