Shri Dhanraj vs State Nct Of Delhi Through Sho Ps Sagar ...
2026 Latest Caselaw 576 Del

Delhi High Court

Shri Dhanraj vs State Nct Of Delhi Through Sho Ps Sagar ... on 4 February, 2026

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                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                            Date of Decision: 04.02.2026
                          +      CRL.M.C.      939/2026,     CRL.M.A.     3729/2026,      3730/2026                                       &
                                 3728/2026

                                 SHRI DHANRAJ                                           .....Petitioner
                                                    Through:     Mr. Vikram Dua, Advocate

                                                    versus

                                 STATE NCT OF DELHI THROUGH SHO PS SAGAR PUR, DELHI
                                                                              .....Respondent
                                               Through: Mr. Hemant Mehla, APP for State
                                                        with SI Nitesh Mahiya, PS Sagarpur
                                 CORAM:          JUSTICE GIRISH KATHPALIA

                          J U D G M E N T (ORAL)

1. Petitioner seeks setting aside of order dated 23.01.2026, whereby at the stage of judgment, invoking the jurisdiction under Section 311 CrPC, the learned trial court summoned two doctors to appear and depose. The learned trial judge, in the impugned order, observed that those two doctors named at Serial No. 13 and 15 of the list of prosecution witnesses had not been summoned, despite it being the case for offence under Section 308/323 IPC. Further, in the impugned order itself, the learned trial court elaborately described that initially, steps were repeatedly taken to summon those doctors but subsequently, it appears that their testimonies could not be recorded. The

CRL.M.C. 939/2026 Page 1 of 2 pages GIRISH

DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4835d4 35f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638,

KATHPALIA postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2eee6

Date: 2026.02.04 17:31:49 -08'00'

learned trial court in the impugned order has placed reliance on the relevant judicial precedent of the Hon'ble Supreme Court.

2. Learned APP for State accepts notice.

3. After some discussion, learned counsel for petitioner and learned prosecutor submit that this petition can be disposed of with consent that the learned trial court may examine the witnesses summoned through the impugned order, but thereafter, as a matter of fairness, the petitioner also be granted opportunity to summon any witness in his defence.

4. Accordingly, the petition stands disposed of, with consent in above terms. Pending applications also stand disposed of.

DN: c=IN, o=HIGH COURT OF DELHI,

GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4 afec45569af3962c6fb4835d435f97626c acca, ou=HIGH COURT OF DELHI,CID -

KATHPALIA 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5 d15570996b40f80cbd2eee60402c4879 65ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.02.04 17:32:01 -08'00'

GIRISH KATHPALIA (JUDGE) FEBRUARY 04, 2026/as

CRL.M.C. 939/2026 Page 2 of 2 pages