Crl.Misc. M No. 963 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CRM M No.963 of 2009 Date of Decision: March 02, 2009 Parkash Kaur ...........Petitioner Versus Bhajan Lal and others ..........Respondents Coram: Hon'ble Mrs. Justice Sabina Present: Mr.Rajeev Godara, Advocate for the petitioner. Mr.A.S.Sullar, Advocate for respondent No. 1 and 2 Mr.Sidharath Sarup, Assistant Advocate General, Haryana ** Sabina, J. Petitioner-Parkash Kaur has filed this petition under Section 482 of the Code of Criminal Procedure (`Cr.P.C.' for short) for setting aside the order dated 17.12.2008 passed by the Chief Judicial Magistrate, Sirsa vide which the application under Section 311 Cr.P.C for summoning-Dr. G.S.Somani as a witness was dismissed. FIR No. 94 dated 11.6.2000 under Sections 323, 324, 325 of the Indian Penal Code (`IPC' for short) was registered at Police Station Ding at the instance of the petitioner. Petitioner as well as the other injured were examined by Dr.G.S.Somani. As per the Medico Legal Report (`MLR' for short) prepared by Dr. G.S.Somani, 9 injuries were found on the person of the petitioner, out of which one injury i.e. injury No.8 was found to be with sharp weapon, whereas, the remaining injuries were found to have been caused by the blunt weapon. On the person of Raj Kumar, injuries Crl.Misc. M No. 963 of 2009 2 were found with blunt weapon. After completion of investigation, challan was presented against the accused on 26.7.2000. Thereafter, after framing of the charge, case was fixed for prosecution evidence. Learned counsel for the petitioner has submitted that on 12.6.2008, Dr.G.S.Somani was present but had not brought the MLR register. He was bound for the adjourned date i.e. 26.8.2008. The said witness, however, did not appear on the adjourned date . Thereafter, the complainant moved an application under Section 311 Cr.P.C. for summoning Dr.G.S.Somani, Medical Officer, as he was necessary to be examined for the just decision of the case. Learned counsel for the respondents, on the other hand, has submitted that now the case has been fixed for arguments. Application has been filed at belated stage just to delay the proceedings. In the present case, although PW present on 12.6.2008 was bound down for the adjourned date as he has not brought the register of MLR yet no effort was made to secure his presence by taking coercive measures. Learned trial Judge has, however, proceeded to close the prosecution evidence by order on the adjourned date. The present case relates to allegation of infliction of injuries by the respondents on the person of petitioner and Raj Kumar. In these circumstances, the examination of Doctor who had prepared the MLR is essential. As per Section 311 Cr.P.C., Court can summon any person as a witness or examine any person in attendance though not summoned as a witness, or recall any person already examined if his evidence appears to be essential to the just decision of the case. In the present case, the examination of the Doctor who had prepared the MLR is very necessary for the just decision of the Crl.Misc. M No. 963 of 2009 3 case and there is no fault on the part of the prosecution because as per the counsel for the petitioner, Doctor now sought to be examined was present on 12.6.2008 and was bound down for the adjourned date but no coercive steps were taken by the trial Court to secure his presence. Although the evidence of the prosecution was closed by order and the said order was not challenged by the petitioner yet the petitioner had remedy to move an application under Section 311 Cr.P.C. Accordingly, this petition is allowed. The impugned order dated 17.12.2008 is set aside. Prosecution is allowed one opportunity to conclude its evidence. Now, the case is stated to be listed for arguments on 5.3.2009. The trial Court on the said date fixed shall adjourn the case and give one opportunity to the prosecution to conclude its evidence. However, no further opportunity would be granted to the petitioner. Thereafter, the trial Court shall proceed further with the trial in accordance with law. (Sabina) Judge March 02,3009 arya