ARVINDBHAI THAKARSIBHAI DABHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, under Article 226 of the Constitution of India, read with Section 482 of the Criminal Procedure Code, the petitioner original complainant injured has prayed for an appropriate order directing the respondents to add Section 307 of the Indian Penal Code in the offence registered with Barwala Police Station, District Ahmedabad vide I.C.R.No. 35 of 2007 for the offences punishable under Sections 115, 323, 504, 506(2) and 114 of the Indian Penal Code (for short SIPC ).

(2.) It is the contention on behalf of the petitioner that though the case is made out under section 307 of the IPC, the Police has deliberately not added the said section and has registered complaint only for the offences punishable under sections 323, 504, 506(2) and 114 of the IPC. It is submitted that looking to the injuries and the weapon (pipe) used, it is a clear case of offence punishable under section 307 of the IPC.

(3.) Shri R.C.Kodekar, learned Additional Public Prosecutor, under the instructions from Investigating Officer has submitted that the applicant was in the Civil Hospital from 11.06.2007 to 16.06.2007, he was discharged from Civil Hospital on 16.06.2007 and thereafter, he was admitted in the private Hospital on 17.06.2007. Again the applicant was admitted in another private Hospital on 18.06.2007 and he was in the said Hospital up to 09.07.2007. It is further submitted that at present the investigation is in progress, the certificate from the Sonawala Hospital is yet to be obtained and at present the investigating officer has not formed any final opinion.