Gulzar Singh v. Angad Singh And ORS

Crl. Revision No. 284 of 2015 -1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Revision No. 284 of 2015 Date of Decision: 27.01.2015.

Gulzar Singh ........Petitioner Vs.

Angad Singh and others ......Respondents

CORAM:

HON'BLE MRS. JUSTICE SABINA

Present:

Mr. H.R.Bhardwaj, Advocate for the petitioner.

.....

SABINA, J.

Petitioner has filed this petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 challenging the order dated 2.1.2015.

Learned counsel for the petitioner has submitted that the concerned doctor could not be examined by the complainantpetitioner while leading his pre-charge evidence as he was not aware of the current posting of the said doctor. However, now petitioner had been able to trace the current posting of the concerned doctor and petitioner be granted only one opportunity to enable him to examine Dr. Rajeev Bansal in his pre-charge evidence.

Petitioner has filed the complaint against the respondents under Section 323, 341, 504/506 of the Indian Penal Code, 1860. Vide the impugned order dated 2.1.2015 (Annexure P-3), pre-charge evidence of the petitioner has been GURPREET SINGH 2015.01.29 16:06 I attest to the accuracy and authenticity of this document Chandigarh

Crl. Revision No. 284 of 2015 -2 - closed. In view of the submissions made by learned counsel for the petitioner, it would be just and expedient to grant one opportunity to the petitioner to enable him to examine the concerned doctor in support of his case at his own risk and responsibility.

Accordingly, this petition is allowed. Impugned order dated 2.1.2015, whereby pre-charge evidence of the petitioner was closed, is set aside. Trial Court is directed to grant one opportunity to the petitioner to enable him to conclude his pre-charge evidenced at his own risk and responsibility. (SABINA) JUDGE January 27, 2015 Gurpreet GURPREET SINGH 2015.01.29 16:06 I attest to the accuracy and authenticity of this document Chandigarh