Gurvail Singh v. State Of Punjab

CRM-M-3087-2019 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-3087-2019 DATE OF DECISION:-15.03.2019 GURVAIL SINGH ...PETITIONER...

V.

STATE OF PUNJAB ...RESPONDENT...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: Mr. Ashok Kumar Sama, Advocate for the petitioner.

**** RAMENDRA JAIN, J. (ORAL) Through this petition under Section 482 Cr.P.C., prayer has been made for setting aside impugned order dated 22.11.2018 (P-4), vide which, ld. trial court has allowed the application of prosecution for summoning and examining of an additional witness Dr. Rajiv Joshi, Professor Head of the Department of Forensic Medicine GGH Medical College.

Learned counsel contends that the trial court has failed to appreciate that Dr. Rajiv Joshi, allowed to be summoned in the application of prosecution under Section 311 Cr.P.C., has neither treated the petitioner nor conducted his medico legal examination. Having given thoughtful consideration to the submission made by learned counsel for the petitioner, this Court finds instant petition SONIKA 2019.03.18 18:27 I attest to the accuracy and authenticity of this document Chandigarh completely devoid of any merit, inasmuch as, the prosecution sought

CRM-M-3087-2019 --2-- opinion from the Doctor of Post Graduate Institute of Medical Sciences, Faridkot, on the basis of medico legal report, x-ray report and operative note, about the injuries suffered by the petitioner, which is a very crucial evidence, so as to decide, as to whether the injuries suffered by the petitioner were self-inflicted or were caused by the complainant party. Considering this aspect of the matter, this Court finds no illegality and infirmity in the impugned order. Dismissed.

15.03.2019 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No SONIKA 2019.03.18 18:27 I attest to the accuracy and authenticity of this document Chandigarh