DILESH DINESH BARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application under Article 226 of the Constitution of India is directed against the order dtd. 10/5/2016, passed in Criminal Case No. 13002 of 2014 by 7th Additional Judicial Magistrate First Class, Surat, whereby, the trial Court declined to de-exhibit the document produced vide mark 24/1 (Exh. 25).

(2.) Facts and circumstances giving rise to file present application are that, the respondent no. 2 wife of the applicant herein filed FIR under Sec. 498A , 504 , 506(2) and 114 of the Indian Penal Code and same had been culminated into Criminal Case No. 13002 of 2014. During the course of proceedings, the respondent no. 2 wife was examined and during her chief-examination, she has produced true copy of the injury certificate vide mark 24/1 and after considering the objections raised by the applicant herein, the documents has been exhibited as Exh. 25. The applicant herein moved an application Exh. 26, inter-alia stating that, the injury certificate sought to be produced is not part of the chargesheet nor the doctor, who has issued the certificate has been cited as witness in the chargesheet and same has not been proved as per the procedure and therefore, it cannot be exhibited. In the application, prayer was made that, the documents may be de-exhibited. The learned trial Court, after hearing the parties, declined the prayer to de-exhibit the document.

(3.) Aggrieved with the order passed below Exh. 26 dtd. 10/5/2016, the instant application has been preferred by the applicant accused herein.