GAURAV SHARMA Vs. ANJU SHARMA AND OTHERS

JUDGEMENT

(1.) Leave granted.

(2.) We have heard the learned counsel for the parties.

(3.) The appellant herein was tried for the charge under Section 498A of the Indian Penal Code, 1860 ('IPC'), on the basis of an FIR lodged by respondent no. 1 (wife of the appellant). The Trial Court after completion of the trial and recording the evidence came to the conclusion that no such charge under Section 498A IPC was made out and acquitted the appellant. The appeal was filed against this order which was also dismissed by the Sessions Court thereby upholding the findings of the Trial Court. The revision petition against the said order was filed by respondent no. 1 which is still pending. In this revision petition, an application was moved for bringing on record the medical report on the purported ground that the Investigating Officer had failed to annex the same along with the charge sheet. The High Court has, vide impugned order dated 13.07.2017, allowed this application invoking the powers under Section 391/401 of the Code of Criminal Procedure, 1973. Reading of the High Court's order would reveal that the High Court is influenced by the fact that the medical report is an admitted document viz. it is the document which stands admitted by both the parties and since it is an important piece of evidence it should be seen during the arguments. The High Court has gone to the extent of observing that it is not even necessary to prove this document as it is admitted by the appellant as well.