Tapender Giri & Anr. vs Bimla Devi And Ors.
2017 Latest Caselaw 457 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    Date of decision: January 25, 2017

+     CM(M) 102/2017 & C.M. 3201/2017 & 3202/2017


      TAPENDER GIRI & ANR.                             ..... Petitioners
                    Through:         Mr. Puneet Goel, Advocate


                        Versus

      BIMLA DEVI AND ORS.                              ..... Respondents
                   Through:          Nemo.

      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR

                      JUDGMENT

% ORAL

1. Vide impugned order of 17th December, 2016, petitioner's application for summoning the concerned doctor from Safdarjung Hospital to prove the post mortem report of deceased and concerned official from Police Station Sarojini Nagar, New Delhi to prove the inquest proceedings and another application for appointment of a local commissioner to measure the correct distance between ganda nala to gole chakkar, police chowky, Sector-I, Noida stands dismissed while noting that summoned record stands destroyed and that the Motor Accident Claims Tribunal cannot appoint a Local Commissioner to collect evidence for a party. Challenge to the impugned order by learned counsel for petitioner is on the ground that inquest proceedings contained

statement of one Sugreev, who has purportedly stated that the incident occurred elsewhere and not at the spot and the statement of first- informant is required to be seen because FIR in this case has been registered after around two months and it is required to be so seen because there is a landlord-tenant dispute with the first-informant of this FIR. It is submitted that according to the witness produced, the accident was witnessed from ganda nala and the place of accident purportedly is gole chakkar, police chowky, Sector-I, Noida, which is 1 km. away and it is just not possible to witness the accident from distance of 1 km. So, it is submitted that the measurement of distance between ganda nala to gole chakkar, police chowky, Sector-I, Noida needs to be brought on record. Nothing else is urged on behalf of petitioner.

2. Upon hearing and on perusal of the impugned order, I find that so far as summoning of post mortem report of the deceased is concerned, is of no avail for the reason that the original of post mortem report is purportedly not available and its copy would not be containing statement of witnesses. During the course of hearing, it was disclosed by petitioner's counsel that petitioner still has the opportunity to lead further evidence. If it is so, then nothing stops petitioner from bringing on record the distance between the above said two places.

3. At this stage, it is brought to the notice of this Court that in the FIR case regarding this accident, charge-sheet has been filed.

4. If it is so, then petitioner is permitted to get the relevant record summoned to prove the charge-sheet. In the facts and circumstances of this case, the cost imposed upon petitioner vide impugned order is

waived.

5. With aforesaid directions, this petition and applications are disposed of.

(SUNIL GAUR) JUDGE JANUARY 25, 2017 r