Case Note & Summary
The applicant, Subhash Gawande, filed Criminal Application No. 3415 of 2009 before the Bombay High Court, Nagpur Bench, seeking production of treatment documents of the deceased. During arguments, it transpired that the applicant wanted the documents of treatment given to the deceased to be produced before the Court. The respondent/State took the stand that the investigating officer never seized any document relating to the treatment and cannot be expected to produce a document which was never seized. In light of this position, the Court observed that if the applicant is sure that such documents exist, he will have to be given liberty to apply to the trial Court and place satisfactory material to show that such documents exist. It is thereafter only the trial Court will make suitable orders whether the documents are relevant and significant for deciding the case. Accordingly, the Court allowed the application to be withdrawn with liberty in favour of the applicant to make a fresh application in the trial Court.
Headnote
A) Criminal Procedure - Production of Documents - Documents not seized by investigating officer - The applicant sought production of treatment documents of the deceased which were not seized by the investigating officer. The State opposed stating that it cannot produce documents never seized. The Court held that the applicant must first place satisfactory material before the trial court to show existence of such documents, and then the trial court will decide on relevance and significance. The application was allowed to be withdrawn with liberty to approach the trial court. (Paras 2-3)
Issue of Consideration
Whether the applicant can seek production of treatment documents of the deceased that were not seized by the investigating officer during investigation.
Final Decision
Criminal Application No. 3415 of 2009 is allowed to be withdrawn with liberty in favour of the applicant to make fresh application in the trial Court.
Law Points
- Liberty to apply to trial court for production of documents
- Documents not seized by investigating officer cannot be produced by prosecution
- Applicant must show existence of documents before trial court orders production
