Judgment:
1. With the consent of both the parties, case is being heard finally at motion stage.
2. Heard arguments both the parties.
3. Petitioners have filed this petition under Section 482 of Cr.PC 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.
4. Learned Counsel for the petitioners submits the 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.PC 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.
5. Learned Public Prosecutor opposing the submissions made on behalf of the petitioners has submitted that the learned Trial Court has used the discretion properly in allowing the application and taking the documents on record, as the said documents, are necessary for just decision of the case. Counsel further contends that the injured was treated in the City Hospital, Jabalpur by Dr.A.S. Bansal, whose statement has to be recorded before the Trail Court. When it was found by the learned trail Court that the papers of treatment have not been filed on the record, the learned Trial Court directed to the prosecution for producing the documents. In consequence of the said order the aforesaid documents have been produced on record. Therefore, the petition filed by the petitioners be dismissed.
6. Arguments were considered.
7. Petitioners are being tried before the Trail Court under Sections 323, 324, 506-B, 294 and 326/34 of IPC. The offence under Section 326 of IPC is a serious offence. To prove the grevious nature of injury it was necessary for the Trial Court to call the papers of the treatment of the injured, who was treated by Dr.A.S.Bansal in the City Hospital, Jabalpur.
8. The statement of Dr.A.S.Bansal is to be recorded in this case to prove the injury and nature of injury of the injured. In view of the facts and circumstances of the case it is included that the learned Trial Court has properly used its discretion in taking the documents on record, under Section 165 of the Evidence Act as the Trial Court has the power to order production or admit of the necessary document to the end of justice. In this regard, the judgements in cases of shantilal and others Vs. State of M.P., AIR 1959 MP 290 and Mahesh Jethani and others Vs. State of M.P., 2004(2) M.P.H.T. 53, may be persued.
9. Keeping in view of the aforesaid facts and circumstances, this Court comes to the conlusion that the Trial Court has not committed any error in allowing the application, therefore, the petition, being devoid of merit is hereby dismissed.
10. Copy of the order be sent forthwith to the concerned Court.