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2014 Supreme(Guj) 886

J.B.PARDIWALA
Rambhai Hirabhai Vadhiya – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Hriday Buch
For Respondents/Defendant: L.R. Pujari, A.P.P.

JUDGMENT :

J.B. Pardiwala, J.

1. By this application under Art. 227 of the Constitution of India, the petitioner-original accused calls in question the legality and validity of the order dated 9th October, 2014 passed by the learned 2nd Additional Sessions Judge, Junagadh below Exh. 83 in the Sessions Case No. 8 of 2012 by which the learned Additional Sessions Judge allowed the application Exh. 83 filed by the prosecution for the purpose of summoning a medical officer for his examination. The facts giving rise to this application may be summarized as under:

(a) The petitioner is being tried being accused of the offence of murder punishable under Sec. 302 of the Indian Penal Code, in the Court of the learned 2nd Additional Sessions Judge, Junagadh. It appears from the materials on record that after the arrest and while drawing the panchnama of the person of the accused, the Investigating Officer noticed few injuries on his body. In such circumstances, the Investigating Officer thought fit to forward the accused with a police yadi for the purpose of his medical examination, at the Civil Hospital. One Dr. P.K. Javia had carried out the medical examination of the accused at the relevant p



































































































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