Delhi High Court · 2011

PROSECUTRIX Through: Ms. Rebecca M. John and Trideep Pais, Advocates ..... Petitioner vers'us GOVT. OF NCT OF DELHI & ANR. Through: ..... Respondent CORAM: JUSTICE SHIV NARAYAN DHINGRA % ORDER

19.01.2011 This petition under Section 482 Cr.P.C read with Article 227 of the Constitution of India has been preferred by the petitioner for setting aside an order dated 14th January 2011 passed by learned ASJ, Delhi under Section 311 Cr.P.C on an application made by the accused. The copies of MLC on court record had a line which was not there in the carbon copy supplied to accused. The learned ASJ observing summoned the doctor who prepared the MLC for clarification as to how there was an additional line in the original MLC which was not there on carbon copy. A perusal of section 311 Cr.P.C would show that the learned ASJ acted within his powers. It is clear from perusal of section 311 Cr.P.C that any witness or person can be summoned at the stage of enquiry or trial by the court. In this case trial has not yet commenced as the charge has not yet been framed and the case is at pre-charge stage. If the court had some doubt, it has every right to seek clarification. It is not an order where this court should interfere neither it is going to prejudice either of the parties. The petition is hereby dismissed being not maintainable. JANUARY 19,2011 SHIV NARAYAN 'O'fIINGRA,J ,/ r ! --;( Signature Not Verified Signing Date:16.08.2024 17:03:05 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.