This is a reference made by the Sessions Judge, Rajkot in Cri. Revn. Application No. 39/71 of his file wherein he has recommended that the order made by the Court of J.M.F.C., Rajkot, in Criminal Case No. 483/70 of his file compelling the accused-petitioner to get himself medically examined in order to determine the age of the defect in the vision of one of his eyes should be set aside. The learned Sessions Judge is of the opinion that the Criminal Procedure Code contains no provisions under which an accused person can be ordered to submit to medical examination which is likely to enable the prosecution to obtain incriminating evidence against him.

2. It is an admitted position that the petitioner No. 1 Najabhai Ranchhod, who is the accused No. 1 before the learned Magistrate, is prosecuted for the offence under Section 419 read with Section 34 I.P.C. on the allegation that with a view to obtain a driving licence from the Regional Transport Office, he requested the accused No. 2, Gandalal Vashram, to appear before the Regional Transport Officer under pretext that he was himself Najabhai Ranchhod. The allegation of the prosecution is that the petitioner did so as he apprehende