Indian Kanoon - Search engine for Indian Law

b) The presence of opposite party no.2 has been shown in the Court at Dehradun on 08.11.2021 by order of competent Court until it was sought for correction after filing of this present application, till date not corrected.

c) There is medical examination of the injured opposite party no.2 conducted on 08.11.2021 at PHC, Bijnor for which certainly the applicants have raised doubt and claimed to be procured document.

d) The relationship between both the parties was strained due to monetary and professional cases.

67. Keeping in mind all these circumstances, it can be said that the witnesses have been managed and the medical documents have been procured by the opposite party no.2.

68. In relation to the averments with regard to criminal history of the applicants, several cases have been lodged by the opposite party no.2 and with regard to applicant no.3 and 4 explanation has already been provided by the applicants in rejoinder affidavit.

69. Final contentions as forwarded by opposite party no.2 is that the material placed on record before the concerned magistrate was sufficient to pass order of summoning the accused and that court concerned cannot discard the medical evidence as well as statement of eye witnesses and the trial cannot be stalled by merely raising some suspicion and doubt in allegation against the applicants.