T.P.S.MANN, J. - (1.)THE present petition has been filed by complainant Ram Chander under Section 482 Cr.P.C. vide which he seeks the quashing of order passed by Judicial Magistrate Ist Class, Jhajjar on 3.6.2004, whereby the evidence of the prosecution was closed.
(2.)AS per the prosecution, petitioner Ram Chander along with his companions, was given injuries by accused/respondent Nos. 2 to 6 on 20.11.1996. FIR No. 371 dated 26.11.1996 was registered at Police Station, Jhajjar under Sections 323/325/427/34 IPC on the basis of a statement made by the present petitioner.
One of the injured, namely, Raghubir Singh was found to be having five injuries on his person. All the injuries were kept under observation for X- ray examination. Later on, Dr. Pankaj Singal Radiologist at PGIMS, Rohtak, vide X-ray report No. 966078 gave an opinion on 26.11.1996 that there were fractures of the right shoulder, left wrist as well as of both the legs of Raghubir Singh.

(3.)AFTER the investigation of the case, the challan was presented against the accused, who were later on charged for offences under Sections 323/325/427/34 IPC. The prosecution examined all the witnesses, which were cited in the report under Section 173 Cr.P.C. except Dr. Pankaj Singal, who had radiologically examined injured Raghubir Singh. Said Doctor Pankaj Singal could not be served with the summons for his appearance as a witness. Accordingly, bailable warrants were issued on 8.1.2004 in the sum of Rs. 1,000/-, but the same could not be served. Later on, it was learnt that he was residing at House No. 18, Pocket-B, Phase-II, Mayur Vihar, New Delhi. Accordingly, bailable warrants were issued afresh for securing the presence of Dr. Pankaj Singal. Even the same were received back with the report that he was not residing at that place. This report was given by father of Doctor Pankaj Singal. At that stage counsel for the complainant placed on record visiting card of Doctor Pankaj Singal to show that he was residing at the same address, but avoiding service of summons. It may also be mentioned here that on 15.12.2003 when C. Ram Bhagat went for effecting service of summons upon Doctor Pankaj Singal, he met a woman there, who he presumed to be the wife of Doctor Pankaj Singla. Net result was that Doctor Pankaj Singal could not be served and accordingly, he failed to appear as a witness in the trial Court.