1 2025:CGHC:5524 AFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 368 of 2025 Bhola Ram Yadav S/o Late Pawan Ram Yadav Aged About 55 Years Caste Bargah, R/o Village Keshavpur, Outpost Manipur, P.S. Ambikapur, District Surguja Chhattisgarh. ... Petitioner versus State Of Chhattisgarh Through Station House Officer Police Station Ambikapur, District Surguja Chhattisgarh. ... Respondent For Petitioner : Mr. Shakti Raj Sinha, Advocate For Respondent : Ms. Binu Sharma, Panel Lawyer Hon'ble Shri Justice Arvind Kumar Verma Order on Board 30/01/2025 1. With the consent of the parties, the matter is heard finally. 2. The present application filed by the petitioner under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023being agrieved by the order dated 17.01.2025 passed in Sessions Trial No. 167/2022 by Second A.S.J. Ambikapur, District Surguja (C.G.), whereby the application filed by the petitioner under section 91 read with section 311 of Cr.P.C has been dismissed. 3. The case in nutshell is that PW-01 complainant has lodged a complaint Ex. P-01 and FIR Ex. P-02. The complainant stated 2 under Section 164 of Cr. P.C. that the injured/deceased was immediately taken to Mission Hospital, Ambikapur for treatment and from there he was referred to Raipur for further treatment. Body Panchnama Ex. P-08, written complaint to Tehsildar Ex. P- 15 and Police statements of all the witnesses states that the injured was admitted to Holy Cross Mission Hospital, Ambikapur for treatment immediately after receiving injuries. 4. Learned counsel for the petitioner would submit that the impugned order is contrary to the facts and circumstances of the present case. Learned trial court has erred in dismissing the application of the petitioner, overlooking the necessity of summoning the treatment sheet and the testimony of the treating doctor from the concerned Hospital, Ambikapur. Those documents and testimonies are essential for determining the medical condition of the deceased when admitted. Section 311 of Cr.P.C. empowers the court to summon or recall any witness at any stage of the trial if their evidence appears essential for just decision. Investigating Officer, PW-12 admitted during the cross-examination that the treatment sheet from Holy cross Mission Hospital was not collected during the investigation. This admission highlights a lapse in the investigation, which the trial court failed to address by dismissing the petitioner’s application. Hence he pleads to set aside the impugned order dated 17.01.2025 and allow the present application filed by the petitioner under Section 91 read with Section 311 of Cr.P.C. in the interest of justice. 5. Learned counsel for the State raises no objection to the prayer made by the learned counsel for the petitioner. 3 6. I have heard learned counsel for the respective parties and perused all the relevant records with utmost circumspection. 7. It is an important fact that the accused is in jail in Session Trial No. 167/2022 pending before the Second ASJ Ambikapur, district Surguja (C.G.), whereby an application filed by the petitioner under Section 91 read with Section 311 of Cr.P.C has been dismissed by the concerned court. It is an indisputable fact that the deceased after being injured was immediately admitted to Mission Hospital Ambikapur and thereafter he was referred to Raipur for further treatment. Treatment of the deceased was carried out in the concerned hospital of Raipur is evident from PW-01 who has stated in paragraph no. 1 of her main examination, paragraph no. 7,9,14 of the cross examination, PW-03 has stated in para 2 of main examination and para 6 of cross examination that the injured deceased has been admitted to holy Cross Hospital, Ambikapur for treatment. Moreover Investigating Officer of the case, PW-12 has accepted in para 18 of his cross examination that the deceased has been admitted to Holy Cross Hospital, Ambikapur and the said witness has accepted in para 19 of his cross examination that the treatment sheet of the deceased from the concerned hospital, Ambikapur has not been collected during investigation. 8. The peculiar facts and circumstances of the case depicts that the treatment sheet and the testimony of the concerned doctor who treated the deceased/injured in Holy Cross hospital, Ambikapur is of utmost importance in order to determine the medical condition of the deceased, when admitted. And Section 311 of CrPC empowers the court for summoning or recalling any witness at any stage of trial, when any evidence is of that much importance for just decision of the case. 4 9. Hence, in this case treatment sheet of Holy Cross Hospital, Abmikapur with regard to the injury sustained by the deceased and the relevant documents are a very essential document which need to be adduced. Therefore, this court is of the considered view that the present application filed by the petitioner under Section 91 read with section 311 of CrPC deserves to be and is hereby allowed. 10. Accordingly, the present petition is allowed and is disposed of. 11. No order as to cost(s). sd/- (Arvind Kumar Verma) Judge alfiza