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25. While postponing the hearing on 21.12.2021 the Court below itself held that the aforementioned application could be pressed at a later stage if any document would be required by the defence after the cross examination of PW-42 is over on the undertaking given by the State counsel that the witness would appear with all the related/connected documents.

26. Court below, while passing the order impugned, has failed to appreciate that the question was not regarding the admissibility of documents/reports (Ex.51) produced by the government scientific experts PW-42 under section 293 Cr.P.C. To the contrary, the Application No. 284-B was moved for summoning the very important Base Data known as 'Electropherograms' which formed the basis for opinion expressed by PW-42, vide report dated 09.07.2014. The aforesaid document is in the possession of CDFD, Hyderabad and are necessary, desirable and essential for effective defence of the applicant and just decision of the case.

37. Mr. Sanjay Kumar Yadav, the learned counsel representing CBI has referred to the provisions contained in Section 293 Cr.P.C. and on basis thereof, he contends that Section 293 Cr.P.C. itself grants exemption to certain documents from being proved in a Court of law. The CDFD report dated 09.07.2014 (Exhibit-51) is clearly covered within the scope of Section 293 Cr.P.C. By means of the application dated 16.12.2021 under Section 91 Cr.P.C. (Paper No. 284B), accused-applicant indirectly wants to contradict the said report. He, therefore, contends that what cannot be done directly cannot be done indirectly. He has further concurred with the submission urged by the learned counsel for the victim that the present application is liable to be dismissed.

(d). Whether in view of the provisions contained in Section 293 Cr.P.C., which grants exemption to certain documents from being proved, therefore, the application dated 16.12.2021 under Section 91 Cr.P.C. (Paper No. 284B) filed by accused for summoning the Base Data i.e. Electropherogram was an indirect method adopted by the accused to overcome the rigour of Section 293 Cr.P.C.

(e) Whether in the facts and circumstances of the case, the ratio laid down by Apex Court in Varsha Garg (Supra), is attracted in the present case and therefore, the application dated 16.12.2021 under Section 91 Cr.P.C. (Paper No. 284B) filed by accused-applicant before Court below is liable to be allowed.

47. In respect of issue no. 3, this Court finds that Section 293 Cr.P.C. provides exemption to certain documents for being proved in a Court of law. For ready reference, the section 293 Cr.P.C. is reproduced herein below:

"Section 293(1) in The Code of Criminal Procedure, 1973 (1)Any document purporting to be a report under the hand of a Government scientific expert to whom this Section applies, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this Code, may be used as evidence in any inquiry, trial or other proceeding under this Code."