Uday Singh vs State of M.P.

S.K. Palo, J.—Heard.

This revision has been filed under Sections 397 read with Section 401 of Cr.P.C. assailing the order dated 7.5.2013 passed in Sessions Trial No. 114/12 (State of M.P. Vs. Udaybhan Singh & Others) by the learned First Additional Sessions Judge, Bhind. The learned Trial Court disallowed the application filed u/s 91 of Cr.P.C. for calling the medical report of the complainant Rajveer Singh Bhadoria, who was examined by the Medical Board. The said application was rejected by the learned Trial Court on the ground that there is no evidence on the record to show that such examination was conducted by the Medical Board and after filing the charge-sheet, no further investigation has been made by Police Station Surpura u/s 173(8) of Cr.P.C.

The incident said to have taken place on 26.4.2011 at about 3.30 PM at village Chitawali under Police Station Surpura. The applicant/petitioners are the accused persons against whom a case u/s 307/34 has been registered. Accused No. 4 Ajit Singh Bhadoria filed a Writ Petition No. 3439/2011 before this Court in which the petitioner has been directed to file an application before Collector, Bhind, for expeditious hearing of the representation and a direction was also issued to the Collector, Bhind, that on receipt of the application, the same shall be considered and decided expeditiously.

Subsequently, Writ Petition No. 7778/2011 was filed by Ajeet Singh Bhadhoria in which a Single Bench of this Court disposed of the petition with a direction to the respondents Collector and the Superintendent of Police, Chief Medical and Health Officer of district Bhind, to consider the representation of the petitioner and to take appropriate steps in accordance with law. A Contempt Petition No. 473/2011 (Ajeet Singh Bhadoria Vs. Shri Akhilesh Shrivastava, Collector, district Bhind) was filed which was dismissed as infructuous with the directions that earlier order given on 26.5.2011 was complied with.

The petitioners submitted an application before the Collector, pursuant to the order given by the High Court on 30.5.2011 and on the basis of which Collector, Bhind has issued a letter to the Chief Medical and Health Officer, district Bhind, on 30.08.2011 for examining Rajeev Singh S/o Sujan Singh Bhadoria, resident of Kishupura, Police Station Surpura to be examined by the Medical Board.

In the light of the above, the observation by the Trial Court that the complainant Rajveer Singh was not examined by the Medical Board vide order dated 17.5.2013 and rejection of the application u/s 91 Cr.P.C. seems to be erroneous.

In Gayatri Bais and Another Vs. State of Madhya Pradesh and Others, , it was held that a "Magistrate can call for the production of any document even before framing of charge." Even before entering into defence also if the Court is satisfied that the documents or thing sought for, has bearing or is relevant to the case, and that its production or inspection will be necessary or desirable or will serve the ends of justice, the discretion will have to be exercised. The words "whenever" mentioned in Section 91 Cr.P.C. is presuppose that the Court can if satisfied can exercise the powers u/s 91 of Cr.P.C. to call for documents.

Having observed so, this Court is of the opinion that the learned Trial Court erred in disallowing the application u/s 91 of Cr.P.C.

Consequently, order dated 17.5.2013 is set-aside to the extent that the application u/s 91 of Cr.P.C. is rejected. Allowing the petition the Trial Court is ordered to call the Medical report of Rajveer Singh S/o Sujan Singh Bhadoria.

With the aforesaid direction, this Criminal Revision stands disposed of.