KISHORBHAI GANDUBHAI PETHANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) FOLLOWING prayers have been made in Cri.Misc.Appln.No.3213 of 2011:

(2.) PRESENT applicant is original accused of Sessions Case No.175 of 2007 in which charge was framed against the accused persons for the offences punishable under Secs.307, 323, 324, 506(2), 294A of the IP Code and thereafter trial had commenced. During the trial of the said case, P.W.No.3, Dr.Ghanshyam Chunilal Patel, was examined at Ex.104. During the cross-examination, at the instance of accused, said witness has produced certain medical papers which were exhibited as Ex.106. It has come out from his evidence that those medical papers were tampered with.

(3.) IT is vehemently argued by learned advocate, Mr.Kinariwala, that these documents are produced before the Court and, therefore, procedure prescribed under sec.304 of Cr.P.C. is required to be followed and if Court comes to the conclusion that these papers were tampered with, then, as per the direction of the Court, authorized person can lodge the complaint and it attracts bar under Sec.195 of Cr.P.C. and, therefore, police has no power to take cognizance and hence, registration of the complaint as well as investigation carried out by the Investigating Officer on the basis of such complaint is unsustainable and it is therefore requested that the complaint in question may be quashed and set aside. He has placed reliance on the following judgments: