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1997 Supreme(SC) 1657

M.SRINIVASAN, M.M.PUNCHHI
Sunil Kumar – Appellant
Versus
N. C. T. Of Delhi – Respondent


JUDGMENT

1. Leave granted.

2. The High Court has quashed charge framed against the respondents under Sections 308/34 IPC and has sequelly quashed proceedings against the respondents under Sections 323/34 IPC on the ground that the police could not have investigated the said offence without the permission of a magistrate.

3. The dispute is between the tenants and the landlords of a premises in Delhi. On 27-9-1992, there was a clash between the two sides. Both sides allegedly were injured. The landlords are the accused in the instant case. Sunil Kumar is the victim of the crime. After the matter was reported to the police, his medico-legal examination was conducted by the doctor-in-charge, who after enumerating the injuries opined them to be grievous. Dr Dabbas, whom we have summoned today to explain the medico-legal report, was the doctor who supervised and endorsed the report. According to him, the injuries have been termed grievous because two of them were lacerated wounds and one was a haematoma and since the blows were aimed at the head, they had endangered life. The learned Additional Sessions Judge to whom the case was committed had framed charges against the respondents under




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