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Rajasthan High Court – Jodhpur
Vikram Alias Bhikhu vs State Of Rajasthan (2025:Rj-Jd:30948) on 15 July, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:30948]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 824/2025
1. Vikram Alias Bhikhu S/o Sh. Ram Ratan, Aged About 25
Years, R/o Near Ramdevji Temple, Sujandesar,
Gangashahar, Bikaner.
2. Monu Kachawa S/o Sh. Satenarayan, Aged About 31
Years, R/o Opposite Ramdevji Temple, Sujandesar,
Gangashahar, Bikaner.
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Pawan Kumar Ramavat S/o Sh. Narayan Das,, R/o Near
Shivji Flour Mill, Mohata Lodge, P.s. Gangashahar,
Bikaner.
----Respondents
For Petitioner(s) : Mr. Manish Dadhich
For Respondent(s) : Mr. Vikram Singh Rajpurohit, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
15/07/2025
Instant revision petition has been filed by the petitioners
against the order dated 26.06.2025, passed by the learned
Additional District & Sessions Judge No.4, Bikaner whereby the
learned Judge allowed the application under Section 311/231 of
Cr.P.C. filed by the prosecution and summoned the witnesses
namely Dr. Sanjeev Katera, Dr. Balveer Nehra & Dr. Rajkumar for
their evidence.
Counsel for the petitioners submits that the case was
registered against the petitioners for offences under Sections 307,
460, 397, 323, 341, 325, 34 & 120B IPC and the prosecution filed
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[2025:RJ-JD:30948] (2 of 3) [CRLR-824/2025]
the application under Section 311/231 Cr.P.C. at the time of final
arguments. Counsel submits that the statement of Dr. Sanjeev
Katera has already been recorded as PW-2 and two other doctors
namely Dr. Balveer Nahera & Dr. Rajkumar were not sited in the
calendar of prosecution witness and they have been summoned
for the first time, which is absolutely against the law. Thus, the
impugned order of summoning the aforesaid persons is per se
illegal and the same deserves to be quashed and set aside.
Counsel has relied upon the judgment of this Court in the case of
Sevaram & Ors. Vs. State of Rajasthan (2015 Raj CANDID
2594) and upon the judgment passed by the Hon’ble Madhya
Pradesh High Court At Gwalior in the case of Manoj Kumar
Bhadkariya Vs. State of MP, Misc. Cr. Case No.36836/2023,
decided on 08.05.2025.
Per contra, learned Public Prosecutor has opposed the prayer
made by the counsel for the petitioners and submits that through
Dr. Sanjeev Katera has been examined as PW-2, however, the
accompanying treatment documentation of injured Suman are not
exhibits, therefore, the said witness is required to be re-
summoned. It is further submitted that HRCT report was issued by
Dr. Balveer Nehra and since the said document is not exhibit by
the prosecution, therefore, the said witness is also required to be
summoned. Further, Dr. Rajkumar is also an important witness.
Thus, the order passed by the trial court is just and proper and
the same does not warrant any interference from this Court.
Heard learned counsel for the parties and perused the
impugned order as well as carefully gone through the material
available on record.
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[2025:RJ-JD:30948] (3 of 3) [CRLR-824/2025]
From perusal of the impugned order as well as record, it
appears that Dr. Sanjeev Katera, who treated the injured Suman,
has already been examined before the trial court as PW-2, but
since the accompanying treatment documentation of injured
Suman are not exhibits by the prosecution, therefore, for just
decision of the case, the said witness is required to be re-
examined. So far as, Dr. Balveer Nehra is concerned, he issued
HRCT report of the injured and the said document is also not
exhibit by the prosecution and thus, this witness is also important
for the just decision of the case. However, so far as witness Dr.
Rajkumar is concerned, it has not been mentioned by the
prosecution that for what purpose, the said witness is to be
examined. Thus, this Court is of the view that there is no need to
summon the witness Dr. Rajkumar and the learned trial court has
not committed any error in summoning the witnesses Dr. Sanjeev
Katera and Dr. Balveer Nehra.
In view of above discussion, the revision petition is disposed
of and the order dated 26.06.2025 passed by the trial court is set
aside to the extent of summoning the witness Dr. Rajkumar.
Stay application is also decided.
(MANOJ KUMAR GARG),J
96-MS/-
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