Kalyan Chandra Sarkar v. Rajesh Ranjan , (SC)
BS153467
SUPREME COURT OF INDIA
Before:- N. Santosh Hegde and S.B. Sinha, JJ.
Suo-Motu Petn. No. 5410 of 2004 in Cri. Appeal No. 324 of 2004. D/d.
3.2.2005.
Kalyan Chandra Sarkar - Petitioner
Versus
Rajesh Ranjan alias Pappu Yadav and Anr. - Respondents
Prisons Act, 1894 Section 38 Prisoner - Under trial - Medical aid - Misuse of - Direction to CBI to seize the medical records pertaining to the treatment and place of treatment given to accused and produced the same before Court.
[Para 4]
ORDER
Cri. M.P. No. 10422/2004 in Cri. A. No. 1129/2004. Heard learned counsel for the parties.
2. Judgment reserved.
Suo-Motu Petition No. 5410/2004 In Crl. A. No. 324/2004 and Crl. M. P. No. 1477/2005 in Su-Motu Petition No. 5410/2004 In Crl. A. No. 324/2004 and Crl. M.P. No. NIL of 2005 in Appeal No. 1129/04.
3. We direct the principal District and Sessions Judge, Madhepura to get order sheet of Sessions Trial No. 93/1989 on the file of Additional Sessions Judge, Fast Track Court No. 1, Madhepura photocopied and sent to this Court within two weeks from today.
4. We further direct the CBI to seize the medical records pertaining to the treatment and the place of treatment given to Rajesh Ranjan Yadav alias Pappu Yadav in the Patna Medical College Hospital and produce the same in this Court within two weeks.
5. Learned counsel appearing for Rajesh Ranjan Yadav alias Pappu Yadav has filed an application alleging that the SLP filed by Kalyan Chandra Sarkar for cancellation of bail is supported by an affidavit not really executed by the said Kalyan Chandra Sarkar. We direct the learned counsel appearing for Kalyan Chandra Sarkar to file his response to the same within two weeks with a prior copy to the applicants also.
6. Call this matter on 17th February, 2005.
Order accordingly.