HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 21041 of 2025 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Mr. Ashok Kumar Shukla, learned counsel for the applicant, Mr. Sanjeev Kumar Rai, learned counsel for opposite party no. 2 and Mr. B.P. Singh, learned AGA for the State. 2. It is contended by learned counsel for the applicant that the learned Sessions Judge has rejected applicant's application under filed under Section 311 Cr.P.C. for summoning Dr. P.S. Verma and Dr. G. Sargaon for evidence. It is further submitted that the above named Doctors had treated the injured persons at the trauma center, therefore, the evidence of the above Doctors are essential for the just decision of the case. In support of his submission learned counsel for the applicant has placed reliance on the judgment of Hon'ble Apex Court passed in the case of Manju Devi Vs. State of Rajasthan & Another (2019 (6) SCC 203). 3. On the other hand, learned counsel for the opposite party no.2 and learned A.G.A. have submitted that the injuries of the injured have already been proved by PW-5 and PW-8 and there is no justification for summoning the above named two Doctors for evidence. 4. On perusal of the order impugned, it appears that learned Sessions Judge has recorded finding that PW-5 and PW-8 have already proved the nature of injury as well as details of the injuries, therefore, in that view learned Sessions Judge has rejected the application for summoning Doctors namely Dr. P.S. Verma and Dr. G. Sargaon under Section 311 Cr.P.C. filed by the Versus Counsel for Applicant(s) : Ashok Kumar Shukla, Surendra Madhukar Godbole Counsel for Opposite Party(s) : G.A., Sanjeev Kumar Rai Anand Kumar Rai .....Applicant(s) State of U.P. and Another .....Opposite Party(s) applicant. 5. In view of above, the order impugned does not suffer from any illegality and there appears no abuse of process of Court and the present application is liable to be dismissed. 6. The application is dismissed, accordingly. 7. The applicant shall be at liberty to produce the above named Doctors, namely Dr. P.S. Verma and Dr. G. Sargaon as defence witnesses. September 11, 2025 Virendra NA528 No. 21041 of 2025 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad