STATE OF GUJARAT Vs. FULESH @ FULO AMTHABHAI DESAI

JUDGEMENT

(1.) Rule. Mr. Shukla waives service of rule for the respondents.

(2.) The State has challenged the judgment and order dated 29/4/2014 passed by the Addl. Sessions Judge, City Civil & Sessions Court, Court No. 12, whereby the application exh. 139 in Sessions Case No. 144/2011 preferred by the respondents accused under section 91 of the Criminal Procedure Code [Cr. P.C.] is allowed and thereby Investigating Officer [IO] of Satellite Police Station of CR No. I-683/2010 is directed to produce the documents as prayed for by the accused in para 5 of the application. It is not disputed that Sessions Case is initiated with reference to the same FIR under sections 307, 506 [2], 143, 147, 148, etc., of the Indian Penal Code [IPC] and section 135[1] of the BP Act. It is also further directed by the impugned order that if the documents in question are not in the custody of the IO, then he should avail the same from the concerned Police Stations and Hospitals before the next date of hearing and to provide the copies of such documents to the accused. It is further directed in the impugned order that pursuant to such production, the prosecution will be at liberty to recall and re-examine any witness in view of the documents as they may appear just and necessary to them irrespective of further examination in chief i.e. re-examination by the prosecution. It is further stated that in such a scenario, prosecution will be at liberty to conduct re-examination of such witness.

(3.) If we peruse para 5 of the application exh. 139, by which the accused have prayed for production of several documents, it becomes clear that practically some of the documents are already produced on record, but they are not legible in-asmuchas the accused have specifically contended in such application that xerox copy of the letter addressed to Charge Officer is illegible, copy of Wardhy [disclosure] dated 10/10/2010 received from Sanjivani Hospital by the Vastrapur Police Station and communication pursuant to such disclosure regarding report by the Medical Officer are also illegible. Even statement of Jalubhai Ramjibhai Desai by A.S.I Shri BS Valand, Vastrapur Police Station dated 13/10/2010 is also illegible.