1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 883/2009 Ramdhan Kaniram Rathod and ors. ..vs.. State of Maharashtra and ors. --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- Mr. Kasat, Advocate for applicant. Mr. Kale, A.P.P. for non applicant. CORAM:- R. Y. GANOO, J. DATED:- 7 th AUGUST, 2009. 1. Heard learned Advocates for both the sides. 2. The applicant is facing Sessions Trial No. 92/2004 in the Court of Additional District Judge, Darwah for the charge under Section 307 of the Indian Penal Code. During the pendency of the trial, the learned A.P.P. in the said Court filed an application praying that the indoor medical papers be ordered to be produced before the Court. That application at Exh.-104 was granted by learned Additional Sessions Judge by passing an order “Allowed”. This order is subject matter of this application. 2 3. I have heard learned Advocates for both the sides. Grievance was made by learned Advocate Mr. Kasat that order dated 29.11.2008 granting production of indoor medical papers was passed without hearing the applicant- accused. After having considered the entire record, I am inclined to observe that this is not a matter, where this Court shall interfere in its jurisdiction so as to set aside order dated 29.11.2008. The learned A.P.P. though it fit to call for medical papers at the stage when the trial is yet not commenced in order to bring on record the treatment given to the victim. However, before relying upon those papers, after they are produced, the accused must get copy of the same. It is in these circumstances, I am not inclined to entertain the application. However, a direction will have to be given to a Court that after indoor medical papers are produced, a copy of the same should be provided to the applicant. The applicant could be given reasonable time to go through it and then further action on these papers can be taken. 4. In view of above, following order is passed. 3 The application is dismissed. Learned Additional Sessions Judge shall, upon production of the medical papers in his Court, arrange to supply xerox copy of the indoor medical papers to the extent they are being relied upon by the prosecution and afford reasonable time to the applicant to go through it and then proceed with the trial. JUDGE kahale