JUDGMENT :

Gautam Chowdhary, J.

1. Learned counsel for the applicant files rejoinder-affidavit today, taken on record.

2. Heard learned counsel for applicant, learned A.G.A. for the State, Sri Kamlesh Kumar Dwivedi, learned counsel for O.P. No. 2 perused the record.

3. This application has been filed with a prayer to set aside the order dated 12.2.2021 passed in the application moved by the counsel for the accused/applicant rejecting the application paper No. 100 Kha in S.S.T. No. 447 of 2015 (State v. Gaurav Gulati @ Dipesh) arising out of case crime No. 607 of 2015, under Sections 394, 302, 201, 411 IPC, P.S. Hariparwat, District Agra and further may be pleased to direct the learned Court below to summon the Dr. Sunil Yadav, under Section 311 Cr.P.C. as a Court witness to get him examine on oath for just decision of the case.

4. It is contended by learned counsel for the applicant that the FIR of the present against the unknown person has been lodged on 23.6.2015 with case crime No. 607 of 2015, under Sections 394, 302 IPC, P.S. Hariparwat, District Agra. After lodging the FIR the inquest report of both the deceased namely Km. Diksha nd Smt. Rama Gulati were prepared and doctor opinio