Shri Dhanraj vs State Nct of Delhi Through Sho Ps Sagar Pur, Delhi

Type Court Judgment Court Delhi Decided Feb 04, 2026

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Citation: sooperkanoon.com/1255607
Court: Delhi High Court
Judge: Hon'Ble Mr. Justice Girish Kathpalia
Decided On: Feb 04, 2026
Case Number: CRL.M.C./939/2026
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Shri Dhanraj

Advocate Mr. Vikram Dua

Respondent

State Nct of Delhi Through Sho Ps Sagar Pur, Delhi

Advocate Mr. Hemant Mehla

Excerpt

.....seeks setting aside of order dated 23.01.2026, whereby atthe stage of judgment, invoking the jurisdiction under section 311 cr pc, the learned trial court summoned two doctors to appear and depose. the learned trial judge, in the impugned order, observed that those two doctors named at serial no. 13 and 15 of the list of prosecution witnesses had not been summoned, despite it being the case for offence under section 308/323 ipc. further, in the impugned order itself, the learned trial court elaborately described that initially, steps were repeatedly taken to summon those doctors but subsequently, it appears that their testimonies could not be recorded. thecrl.m.c. 939/2026 page 1 of 2 pagesgirish dn: c=in, o=high court of delhi, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4835d4 35f97626cacca, ou=high court of delhi,cid - 7047638, postalcode=110003, st=delhi,signature not verified kathpalia serialnumber=d3e86796451ec45c07b5d15570996b40f80cbd2eee60402c487965ff801e26fa, cn=girish kathpalia date: 2026.02.04 17:31:49 -08'00'learned trial court in the impugned order has placed reliance on the relevant judicial precedent of the hon’ble supreme court.2. learned app for state accepts notice.3. after some discussion, learned counsel for petitioner and learnedprosecutor submit that this petition can be disposed of with consent that the learned trial court may examine the witnesses summoned through the impugned order, but thereafter, as a matter of fairness, the petitioner also be granted opportunity to summon any witness in his defence.4. accordingly, the petition stands disposed of, with consent in aboveterms. pending applications also stand disposed of.dn: c=in, o=high court of delhi,girish 2.5.4.20=8401dd889b27a77b2f65ffffe4 afec45569af3962c6fb4835d435f97626c acca, ou=high court of delhi,cid - 7047638, postalcode=110003, st=delhi,kathpalia serialnumber=d3e86796451ec45c07b5 d15570996b40f80cbd2eee60402c4879 65ff801e26fa,.....

Full Judgment

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 04.02.2026 + CRL.M.C. 939/2026, CRL.M.A. 3729/2026, 3730/2026 &

SHRI DHANRAJ .....Petitioner Through: Mr. Vikram Dua, Advocate

versus

STATE NCT OF DELHI THROUGH SHO PS SAGAR PUR, DELHI .....Respondent Through: Mr. Hemant Mehla, APP for State with SI Nitesh Mahiya, PS Sagarpur

CORAM: JUSTICE GIRISH KATHPALIA

J U D G M E N T (ORAL)

1. Petitioner seeks setting aside of order dated 23.01.2026, whereby at

the stage of judgment, invoking the jurisdiction under Section 311 Cr PC, the learned trial court summoned two doctors to appear and depose. The learned trial judge, in the impugned order, observed that those two doctors named at Serial No. 13 and 15 of the list of prosecution witnesses had not been summoned, despite it being the case for offence under Section 308/323 IPC. Further, in the impugned order itself, the learned trial court elaborately described that initially, steps were repeatedly taken to summon those doctors but subsequently, it appears that their testimonies could not be recorded. The

CRL.M.C. 939/2026 Page 1 of 2 pages

GIRISH DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4835d4 35f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi,

Signature Not Verified KATHPALIA serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2eee6

0402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.02.04 17:31:49 -08'00'

learned trial court in the impugned order has placed reliance on the relevant judicial precedent of the Hon’ble Supreme Court.

2. Learned APP for State accepts notice.

3. After some discussion, learned counsel for petitioner and learned

prosecutor submit that this petition can be disposed of with consent that the learned trial court may examine the witnesses summoned through the impugned order, but thereafter, as a matter of fairness, the petitioner also be granted opportunity to summon any witness in his defence.

4. Accordingly, the petition stands disposed of, with consent in above

terms. Pending applications also stand disposed of.

DN: c=IN, o=HIGH COURT OF DELHI,

GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4 afec45569af3962c6fb4835d435f97626c acca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi,

KATHPALIA serialNumber=d3e86796451ec45c07b5 d15570996b40f80cbd2eee60402c4879 65ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.02.04 17:32:01 -08'00'

GIRISH KATHPALIA

(JUDGE)

FEBRUARY 04, 2026/as

CRL.M.C. 939/2026 Page 2 of 2 pages

Signature Not Verified

Same Court & Year Delhi · 2026 Same Parties Shri Dhanraj vs State Nct of Delhi Through Sho Ps Sagar Pur, ... Same Subject Land Acquisition Same Judge Hon'Ble Mr. Justice Girish Kathpalia