KARUNA NAND BAJPAYEE,J. - (1.) This application under section 482 Cr.P.C., 1973 has been filed on behalf of applicant seeking the quashing of impugned order dated 21.7.2017 passed by learned Additional Sessions Judge, Varanasi/Fast Track Court, Varanasi in Sessions Trial No. 517 of 2017 (State v. Dinesh Sonkar) in Case Crime No. 64 of 2015, under section 366/506 I.P.C., Police Station-Shivpur, District-Varanasi and also seeking a further direction to the court below to examine the doctor namely Priti Jaiswal for recording the statement as P.W./D.W.
(2.) Heard learned counsel for the applicant.
(3.) Submission of counsel for the applicant is that the impugned order dated 21.7.2017 contains some wrong observations which vitiates the order. Actually it was the doctor who was sought by the applicant to be summoned in defence and not the victim girl, but the order impugned contains the observation in the concluding part which shows that the court below passed the order under misimpression that as the victim had already been examined, and therefore, she should not be recalled to be reexamined again. In such circumstances, the impugned order should be set aside by way of which the court has declined to summon the doctor who was needed to be examined in defence.;