Code of Criminal Procedure, 1973–Sec. 311 [ Corresponding Sec. 348 of BNSS, 2023 ]–Order of allowing the application–Sustainability–Prosecution was allowed to summon the doctor for his examination along with X-ray Report and Register –Trial had reached to conclusion and only judgment was to be delivered by the Trial Court–Both the sides had discharged their obligations with regard to submitting their evidence and making submissions on the basis of the evidence–It can be safely said that the application filed by the prosecution was an after-thought and was with a view to fill up the lacunaes–Impugned order is liable to be quashed and set aside.
