Delhi High Court Dr. Pradeep Dutta vs State (Nct Of Delhi) & Ors. on 2 May, 2022 NEUTRAL CITATION NO: 2022/DHC/001762 $~ * Decided on: 02nd May, 2022 + CRL.M.C. 1203/2022 & Crl.M.A. 5222/2022 (stay) DR. PRADEEP DUTTA . .... Petitioner Through: Mr. Rahul Sharma, Ms. Jyoti Dutt Sharma, Mr. C.K. Bhatt, and Mr. Sparsh Chaudhary, Advocates. versus STATE (NCT OF DELHI) & ORS ..... Respondent Through: Ms. Meenakshi Dahiya, APP for the State with SI Vinod Bhati, PS Greater KailashI. Mr. Rajiv Kumar Garg with Mr. Aayush Agarwal, Advocates for R2 to 5 Accused. % HON'BLE MR. JUSTICE PRATEEK JALAN JUDGMENT The proceedings in the matter have been conducted through hybrid mode [physical and virtual hearing]. 1. By way of the present petition under Section 482 of the Code of Criminal Procedure, 1973 [hereinafter, "CrPC"], the petitioner assails an order dated 04.12.2021, passed by the learned Metropolitan Magistrate (South East), Saket Courts, New Delhi [hereinafter, CRL.M.C. 1203/2022 Page 1 of 26 This is a digitally signed Judgement. NEUTRAL CITATION NO: 2022/DHC/001762 "MM"] in proceedings arising out of FIR No. 34/2002, dated 04.02.2002, registered at Police Station Greater KailashI, under Sections 341, 323, 149 and 34 of the Indian Penal Code, 1860 [hereinafter, "IPC"]. 2. The respondent Nos. 2 to 5 herein are the accused in the subject FIR, which was registered at the instance of the petitioner herein. By the impugned order dated 04.12.2021, the MM has rejected an application filed by the petitioner under Section 311 of the CrPC for summoning of two additional witnesses on behalf of the prosecution. Facts 3. The petitioner and the respondent Nos. 2 to 5 were neighbours. The petitioner is a doctor by profession. The FIR concerns an incident which is alleged to have taken place on 30.01.2002 at 9:50 AM. The petitioner claims to have gone to the residence of the respondent Nos. 2 to 5 with a process server to serve summons upon them in connection with a writ petition filed by the petitioner's mother, Mrs. Roma Dutta before this Court. The petitioner further states that the process server informed him that the addressees have refused service of summons, following which he was slapped and kicked by the respondent Nos. 2 to 5 and some other persons. His clothes and spectacles were damaged. He was thereafter dragged inside the premises of the respondent Nos. 2 to 5 and beaten up. He was also later pushed onto the driveway. The petitioner made further complaints in this regard to the police authorities on 30.01.2002, 04.02.2002 and 04.03.2002. CRL.M.C. 1203/2022 Page 2 of 26 This is a digitally signed Judgement. NEUTRAL CITATION NO: 2022/DHC/001762 4. A crossFIR [FIR No. 33/2002], dated 04.02.2002, was also registered in respect of the same incident against the petitioner under Sections 415 and 427 of the IPC, at the instance of the respondent Nos. 2 to 5 herein. 5. Chargesheets have been filed in both the FIRs, and trials are in progress. In the course of the trial arising out of FIR No. 33/2002, the petitioner examined defence witness, including DW2 Hasib Akhtar [hereinafter, "Akhtar"] and DW3Bijender Chauhan [hereinafter, "Chauhan"]. Both of them were petitioner's assistants, when the alleged incident took place. They deposed as to their presence at the venue, when the incident in question took place, and gave details thereof in their respective testimonies. 6. In FIR No. 34/2002, the petitioner, his wife [Mrs. Parswati Dutta], and his daughter [Ms. Esha Dutta], have been examined as prosecution witnesses [PW1, PW2 and PW3 respectively]. The petitioner [PW1], during his examination in chief, on 24.07.2009, deposed that he heard the voice of his wife and two assistants when he was in the premises