- (1.) Petitioner Naresh Kumar has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for setting aside the order dated 16.11.2015, whereby application under Section 311 CrPC filed by the petitioner has been dismissed.
(2.) Learned counsel for the petitioner has contended that the prosecution while presenting challan did not mention the name of the doctors who had operated upon and treated the petitioner in the list of witnesses. Therefore, the petitioner filed an application under Section 311 CrPC for summoning the doctors namely Dr. Deep Kishore, Dr. Shekhar and Dr. Bhupender Shreewatch along with necessary treatment record of the petitioner with a prayer that in case the treatment record is not proved on record, the case of the petitioner-complainant shall suffer adversely. I have heard learned counsel for the petitioner and perused the impugned order.
(3.) It will be relevant to reproduce Section 311 CrPC which reads as under:- "311. Power to summon material witness, or examine person present - Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re- examine any person already examined; and the Court shall summon and examine or recall and re- examine any such person if his evidence appears to it to be essential to the just decision of the case.";