The grievance of the petitioner is that C.W.6 - a Medical
Officer, who had allegedly examined him and treated him, has
not been examined by the learned Magistrate, though he was
cited as a witness. He was not examined at the stage of the
prosecution evidence. Subsequently, an application was filed
to recall C.W.6. Even thereafter, he has not been examined.
This, in short, is the grievance raised by the petitioner - the
complainant.
2. The accused persons are police officials and the
allegation of the petitioner is that he was illegally assaulted
and tortured by the accused persons.
3. The respondents have been served through their
counsel who appeared before the court below. They have not
chosen to enter appearance. The learned counsel for the
petitioner submits that examination of C.W.6 is absolutely
essential for a proper disposal of the complaint filed by the
petitioner. The learned Magistrate erred grossly in not
summoning C.W.6 and in not ensuring the presence of the
witness. Even assuming that the complainant had not taken
necessary steps, this was certainly a fit case where the powers
under Sec.311 of the Cr.P.C. should have been invoked and
insistence must have been made on the examination of C.W.6.
4. A report of the learned Magistrate was called for. I have
perused the report dated 19/12/2006.
5. I have no hesitation to agree with the learned counsel
for the petitioner that for a fair, proper and just disposal of the
complaint filed by the petitioner, the learned Magistrate must
have insisted on examination of C.W.6. The learned counsel for
the petitioner undertakes to take all necessary steps.
6. I am, in these circumstances, satisfied that the learned
Magistrate must be directed to examine C.W.6. The petitioner
shall take all necessary steps within a period of 10 days from this
date. The learned Magistrate shall thereafter insist and ensure
that C.W.6 is examined as a witness in the case. Needless to say
that procedure, in accordance with law, will have to be followed
after so examining C.W.6.
7. This Crl.M.C. is accordingly allowed to the extent
indicated above.
8. Hand over a copy of this order to the learned counsel for
the petitioner for production before the learned Magistrate.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge