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2022 Supreme(Del) 545

PRATEEK JALAN
Sukhvinder Singh @ Gagga – Appellant
Versus
State (GNCTD Of Delhi) – Respondent


Advocate Appeared:
For the Petitioner:Mr. Sanjay Khanna and Ms. Pragya Bhushan, Advocates.
For the Respondent: Ms. Meenakshi Dahiya, APP with SI Shiv Singh, PS Defence Colony

JUDGMENT :

The proceedings in the matter have been conducted through hybrid mode [physical and virtual hearing].

1. The petitioners are facing trial in Sessions Case No. 46/2020, arising out of FIR No. 01/2018, dated 03.01.2018, registered in Police Station, Defence Colony, under Section 325 of the Indian Penal Code, 1860 [“IPC”]. By way of this petition under Section 482 of the Code of Criminal Procedure, 1973 [“CrPC”], they have assailed an order dated 28.01.2022, by which the Trial Court has allowed an application filed by the prosecution under Section 311 of the CrPC for summoning of an additional witness.

2. The FIR was registered at the instance of one Gurmeet Singh [hereinafter “the complainant”] in respect of an incident alleged to have taken place on 11.12.2017. The complainant claims to have left his home at around 11:35 PM by car to withdraw money. He found that a car driven by the petitioner No. 1 was following him. The estranged wife of the complainant, who is the petitioner No. 3, was also in the car. It is alleged that the petitioner No. 1 pulled him out of the car, threw him on the road and beat him. The petitioner No. 3 is also accused of instigating others to beat th

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