Pradeep Dutta vs State (NCT Of Delhi)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Del) 970

PRATEEK JALAN
Pradeep Dutta – Appellant
Versus
State (NCT Of Delhi) – Respondent

Advocates appeared:
Rahul Sharma, Advocate, Jyoti Dutt Sharma, Advocate, C.K. Bhatt, Advocate, Sparsh Chaudhary, Advocate, Meenakshi Dahiya, Advocate, Rajiv Kumar Garg, Advocate, Aayush Agarwal, Advocate

JUDGMENT

Prateek Jalan, J. - 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, 'MM'] in proceedings arising out of FIR No. 34/2002, dated 04.02.2002, registered at Police Station Greater Kailash-I, 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