Roshni v. State

$~24 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P. 1034/2019 ROSHNI ..... Petitioner Through Mr. Rajiv Raheja, Advocate.

versus STATE ..... Respondent Through:

Ms Kusum Dhalla, APP for State.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 31.01.2020 1.

The petitioner has filed the present petition, inter alia, impugning an order dated 06.06.2019, whereby the petitioner's application to summon Dr. Narender Sangwan as a witness was rejected.

2.

The complainant had made allegations of certain acts that had occurred at her work place, which was claimed to be the house/nursing home of Dr. Sangwan. The Trial Court had reasoned that the chargesheet does not indicate that the prosecution has pleaded any connection between Dr. Sangwan and the alleged offences. Further, it is also not the case of the prosecution that Dr Sangwan had witnessed the said incident. 3.

The FIR indicates that certain allegations were made regarding the accused assaulting Dr. Sangwan. In addition, the complainant also testified that Dr. Sangwan was present when she handed over her apparels to the police officials.

4.

In view of the above, this Court is unable to accept that the examination of Dr. Sangwan has no bearing in the matter. Accordingly, the impugned order 06.06.2019 is set aside and the matter is remanded to the Trial Court to issue summons for the examination of Dr. Narender Sangwan. 5.

The petition stands disposed of.

VIBHU BAKHRU, J JANUARY 31, 2020 DR