Full Judgment
Criminal Revision No.807/2012 22.02.2013 Shri Prakash Gupta, Panel Lawyer for the applicant/State.
Shri Paritosh Trivedi, counsel for the respondent.
Heard on I.A.No.9245/2012, an application for condonation of delay in filing the present revision.
Application is allowed.
Delay is condoned.
Heard the learned counsel for the parties finally.
The State has preferred the present revision against the order dated 18.6.2011 passed by the learned Additional Sessions Judge Pawai, District Panna in S.T.No.97/11, whereby it was found that no charge of the offence punishable under Section 326 of IPC is made out against the respondent and therefore, case was remanded to the Court of J.M.F.C., Pawai.
After considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case, it appears that the learned Additional Sessions Judge did not accept the x-ray report and other documents relating to the grave injuries sustained by the victim because those reports were given by a private hospital.
If any document is proved to be fake then, it can be thrown away but if a patient was taken to the private hospital because there was availability of equipment better than the Government Hospital, then report of the private hospital cannot be neglected at any stage unless it is proved that the concerned report was unbelievable.
Under such circumstances, a grave injury found by the concerned doctor of the private hospital is believable at this stage and prima facie, the offence punishable under Section 326 of IPC is made out against the respondent.
The impugned order passed by the learned Additional Sessions Judge, Pawai is pertinently wrong.
He cannot discard the medical report received from a private hospital.
He has not mentioned any reason by which such type of evidence may be discarded.
Under such circumstances, the learned Additional Sessions Judge, Pawai has committed an error of law in passing such an order and therefore, it is a fit case in which an interference is required from the side of this Court by way of the present revision.
Consequently, the revision filed by the applicant/State is hereby accepted.
The order dated 18.6.2011 passed by the learned Additional Sessions Judge Pawai, District Panna is hereby set aside.
He is directed to proceed with the case of S.T.No.97/2011.
The learned J.M.F.C.Pawai, District Panna is also directed to send the case file to the Court of Sessions.
A copy of this order be sent to the appellate Court as well as trial Court for information and compliance.
(N.K.GUPTA) JUDGE pnkj