SURESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) By way of this petition under the complainant has challenged the order dated 01.03.2016 passed by the learned Judicial Magistrate 1st Class, Safidon as also the order passed by the learned Additional Sessions Judge dated 18.07.2017, whereby the revision petition has been dismissed against the order dated 01.03.2016 being not maintainable.

(2.) Some facts are required to be noticed. On the complaint of petitioner, FIR No.169 dated 03.10.2012 under Sections 148, 149, 323, 324 and 506 of the Indian Penal Code was registered at Police Station Pillukhera against five persons including the private respondents for inflicting injuries to the present petitioner and two others. After completion of the investigation, challan was filed. Charges were framed and trial is pending before the court of Judicial Magistrate 1st Class, Safidon.

(3.) Petitioner pleads that he received injuries and he was taken to local hospital from where he was referred to Post Graduate Institute of Medical Sciences, Rohtak, where medico-legal report was prepared by Dr.Mahesh and x-ray report was required to be proved. For that purpose, it was necessary to examine Dr.Mahesh and Dr.Vinay Mahir. However, the learned trial court dismissed the application under Section 311 of the Code of Criminal Procedure on the ground that granting opportunity to prosecution for leading evidence would amount to review of order which is not permissible.