Order 5

Order Details: COPY OF ORDER
Pdf Text: 18 Cr. Case 16781/2023
STATE Vs. VIVEK BUBBER
FIR No.548/2023
(Darya Ganj)
18.11.2025
Proceedings are being conducted through hybrid mode.
Present: Mr. Manish Bansal, Ld. APP for State.
Accused present through VC along with Mr. Praveen
Thukral, Ld. Counsel (through VC).
Investigating Officer ASI Prem Kumar in person.
The matter is listed for submissions on point of notice.
Part submissions heard.
During the course of submissions, Ld. Counsel for the
accused submitted that as per the MLC prepared at Sanjeevan Medical
Research Centre, the nature of injuries suffered by the complainant is
recorded as “simple.” In that context, a query was put to the
investigating officer regarding the basis on which the charge sheet has
been filed under Section 338 IPC. In response, the IO referred to page
26 of the file, which is a letter addressed to the Medical Officer In-
charge, Ganesh Ortho Trauma and Medical Centre, Krishna Nagar,
Delhi, on which the concerned doctor has made an endorsement
stating that the nature of injuries is “grievous.”
However, on further query by the Court as to why the
relevant documents pertaining to the treatment received by the injured
from Ganesh Ortho Trauma and Medical Centre have not been placed
on record, no explanation is forthcoming.
The Court is unable to appreciate why such vital
documents, if any, have not been made part of the charge sheet record.
In the circumstances, let notice issue to the SHO
concerned to place on record all relevant treatment documents on the
basis of which the injuries were opined to be grievous. SHO is further
directed to ensure presence of the investigating officer on the next
date of hearing. In case the current IO has been transferred, some
other officer shall be deputed well in advance.
Put up for compliance and further submissions on point of notice on
10.03.2026.
Accused is directed to remain physically present in
Court on the next date.
Copy of this order be sent to the SHO concerned.
Order be uploaded as per rules.
(Dr. Raj Kumar Singh)
Judicial Magistrate First Class-05/Central
Delhi/18.11.2025
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