Before the Hon’ble Court of the Judicial Magistrate (First Class)

District Court, Saket, Delhi

(Criminal Case No – 7542/2018)
STATE ……..…….………………….. (PETITIONER)

(Through Abhineet Kalia, Public Prosecutor)

versus

DINMEY DUBEY ……..……………………. (RESPONDENT)

(Through Advocate Saif Ali Khan)

EXAMINATION IN CHIEF OF PW1

1. That this court conducted examination in chief of prosecution witnesses in the matter

bearing Criminal Case No – 7542/2018. The Prosecutor, PW1, PW2 and Defence

Counsel were present for the proceedings. The examination took place at 11:40 AM in

front of the presiding officer of this court.

2. Ld. PP for the State The prosecutor proceeded with the examination in chief of PW1 i.e

Tahir Shah s/o Kudrat Shah r/o B/116 Mayur Vihar Enclave, Sarojini Nagar, Delhi

110023. The statements of PW1 were recorded by the Magistrate as follows:-

a) I am Tahir Shah and I have been working as a peon for the past 15 years of my life at
AIIMS, New Delhi. I have been posted at the emergency ward from the past 2 years.
My everyday job includes to maintain a proper record as to who is entering and
leaving the emergency ward and note the timings. I make sure that no other person
apart from the assigned doctor enters the operation theatre and maintain a proper
decorum of the ward.

b) On 1st August, 2018 I reported at work at my usual time - 9:00am. At around 1:40pm

I saw Dr. Gharshit Gupta enter the emergency ward and I made a note of it in the

entry register. I made sure that Gharshit Gupta made his entry in the register and only
 then did I allow him to proceed further in the emergency ward. Along with Gharshit

Gupta, there were about 3 more doctors who entered the operation theatre with him.

c) I was present at the entry gate of the emergency ward throughout the entire time of

surgery when Dr. Gharshit Gupta was inside the operation theatre. Dr. Gharshit

Gupta did leave the operation theatre twice to attend phone calls in midst of the

surgery. There was no other doctor or assistant who joined them late or any

suspicious thing which happened during the time of the surgery.

d) At around 6:30pm, after 5 hours, the operation was successful and it was only then

when I saw Dr. Gharshit Gupta leave the building. I made sure that he signed the

register when he left and noted his timings along with his other colleagues and

assistants.

RO/AC

Date : 05-09-2018 (Seal and Signature of Magistrate)

 Before the Hon’ble Court of the Judicial Magistrate (First Class)
District Court, Saket, Delhi
(Criminal Case No – 7542/2018)
STATE ……..…….………………….. (PETITIONER)

(Through Abhineet Kalia, Public Prosecutor)

versus

DINMEY DUBEY ……..……………………. (RESPONDENT)

(Through Advocate Saif Ali Khan)

EXAMINATION IN CHIEF OF PW2

1. That this court conducted examination in chief of prosecution witnesses in the matter

bearing Criminal Case No – 7542/2018. The Prosecutor, PW1, PW2 and Defence

Counsel were present for the proceedings. The examination took place at 12:50 PM in

front of the presiding officer of this court.

2. Ld. PP for the State The prosecutor proceeded with the examination in chief of PW2 i.e

Shaili Dixit d/o Ashish Dixit r/o Plot No. 23, DLF Phase-I, Anand Vihar, Delhi, 110023.

The statements of PW2 were recorded by the Magistrate as follows:-

a) I am Shaili Dixit and I have been working as a receptionist at the AIIMS Hospital,

Delhi for the past 3 years. I keep track of Dr. Gharshit Gupta and other major

surgeon’s appointments and schedules. I was aware of the major surgery Dr. Gharshit

Gupta was about to perform that day at the emergency ward.

b) On 1st August, 2018 I was assigned the task to collect the medical reports of the

candidates who had applied for the posts of staff nurse. Mr. Khajal Jain happened to

be one such candidate.

c) At around 2:00pm, Mr Khajal Jain arrived outside the office of Mr. Gharshit Gupta.

He approached me and inquired about Dr. Gharshit Gupta’s absence to which I

 replied that Dr. Gharshit Gupta won’t be available until late today due to a major

surgery at the emergency ward.

d) Mr. Khajal Jain looked disappointed and was in a hurry. He repeatedly kept

approaching me asking about the updates on the surgery and how much longer will

Dr. Gharshit Gupta take to finally come back to the office. Mr. Khajal Jain was

mentioning some sort of an emergency due to which he had to hurry up.

e) I had told Mr. Khajal Jain to either wait as Dr. Gharshit Gupta would arrive late or

suggested him to come tomorrow along with his file to get Dr. Gharshit Gupta’s

signature. After that, I got occupied with other work and lost track of Mr. Khajal

Jain’s situation.

f) I noticed that he had waited for Dr. Gharshit Gupta for about an hour before leaving

the hospital at around 3:00pm. He had submitted his files to me and left in a hurry.

RO/AC

Date : 05-09-2018 (Seal and Signature of the Magistrate)