ATAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C. filed by accused petitioner is directed against the impugned order dated 13.8.2002, whereby an application under Section 311 Cr.P.C. moved on behalf of the accused persons in Sessions Case No. 45/01, was dismissed by the learned Additional Sessions Judge (Fast Track), Hindaun City.

(2.) I have heard learned counsel and learned Public Prosecutor. It was argued that the accused petitioner also filed a complaint against the opposite party for causing grievous injury by sharp weapon to the accused petitioner Atar Singh and it was necessary to prove injury report in defence of this case, therefore, the application for summoning two doctors Dr. V.K. Vijayvargiya and Dr. V.K. Byas was submitted but the learned trial Judge without application of mind dismissed it only on the ground that sufficient time for defence evidence was already given to the accused persons. Learned Public Prosecutor supported the impugned order. I have considered the said submissions and provisions of Section 311 Cr.P.C. which are reproduced as under :