SHRI DHANRAJ vs STATE NCT OF DELHI THROUGH SHO PS SAGAR PUR, DELHI

Judgment text excerpt

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 04.02.2026 + CRL.M.C. 939/2026, CRL.M.A. 3729/2026, 3730/2026 & 3728/2026 SHRI DHANRAJ .....Petitioner Through: Mr. Vikram Dua, Advocate versus STATE NCT OF DELHI THROUGH SHO PS SAGAR PUR, DELHI .....Respondent Through: Mr. Hemant Mehla, APP for State with SI Nitesh Mahiya, PS Sagarpur CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. Petitioner seeks setting aside of order dated 23.01.2026, whereby at the stage of judgment, invoking the jurisdiction under Section 311 CrPC, the learned trial court summoned two doctors to appear and depose. The learned trial judge, in the impugned order, observed that those two doctors named at Serial No. 13 and 15 of the list of prosecution witnesses had not been summoned, despite it being the case for offence under Section 308/323 IPC. Further, in the impugned order itself, the learned trial court elaborately described that initially, steps were repeatedly taken to summon those doctors but subsequently, it appears that their testimonies could not be recorded. The CRL.M.C. 939/2026 Page 1 of 2 pages GIRISH Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4835d4 35f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, KATHPALIA postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2eee6 Signature Not Verified 0402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.02.04 17:31:49 -08'00' Digitally Signed By:NEETU N NAIR Signing Date:04.02.2026 17:34:30 learned trial court in the impugned order has placed reliance on the relevant judicial precedent of the Hon’ble Supreme Court. 2. Learned APP for State accepts notice. 3. After some discussion, learned counsel for petitione