S.C.AGARWAL, J. - (1.) HEARD learned counsel for the applicant, Sri Ram Shiromani Yadav, learned A.G.A. for the State and perused the material available on record.
(2.) THIS Application u/s 482 Cr.P.C. has been filed with a prayer to quash the order dated 7.2.2011 passed by Additional Sessions Judge, Fast Track Court No.2, Baghpat in S.T. No.288 of 2009 (State Vs. Dharmendra) under sections 363, 366, 376 IPC, P.S. Binauli, District Baghpat, whereby application under section 311 Cr.P.C. moved by accused applicant for summoning Radiologist Dr. P.K. Sharma was rejected. According to prosecution allegations, the age of the prosecutrix was about 14 years. During investigation, the prosecutrix was medically examined by Dr. Neera Pawar (P.W.3) and at her instance, x-rays were taken by Radiologist Dr. P.K. Sharma and on the report of Dr. P.K. Sharma, Dr. Neera Pawar prepared supplementary medical report, which is Ex-ka-3.
(3.) THE contention of learned counsel for the applicant is that Radiologist Dr. P.K. Sharma is an important witness, who has been cited as a prosecution witness in the charge sheet and, therefore, he should have been summoned to give evidence.;