RAJU AND BROTHER Vs. STATE OF M.P.

JUDGEMENT

(1.) With the consent of both the parties, case is being heard finally at motion stage. Heard arguments both the parties.

(2.) Petitioners have filed this petition under Section 482 of Cr.P.C. for quashment of the order dated 20-2-2013 passed by the Court of Second Additional Sessions Judge, Gadarwara in S.T. No. 125/2010, whereby the additional medical report filed by Dr. A.S. Bansal was taken on record.

(3.) Learned Counsel for the petitioners submits that leaned Trial Court has committed error in taking additional documents as medical report on record, whereas the said documents were not earlier filed along with the charge sheet. Further the order passed under Section 311 of the Cr.P.C. is totally erroneous. Counsel further contends that the documents along with application, dated 22-12-2011, in connection with bed head ticket and papers concerning prescription by City Hospital, Jabalpur, ought not to have been allowed in the case because the prosecution could not be permitted to fill up lacuna of the investigation. Learned Counsel for the petitioners prayed for setting aside the impugned order.