Prahlad Snehi S/o Shri Bajrang Lal v. State of Rajasthan
2003-03-28
A.C.GOYAL
body2003
DigiLaw.ai
JUDGMENT 1. - Vide this,petition u/s. 482 Cr.P.C. the accused-petitioner has challenged orders dated 13.1.2003, passed by learned Addl. Sessions Judge Baran and 1.4.1999, passed by learned A.C.J.M. Baran. 2. Criminal Case No. 10/98, for offence u/s. 409 IPC is pending in the Court of learned A.C.J.M. Baran, against the accused-petitioner. The accused filed an application u/s. 91 Cr.P.C for calling certain documents. The learned Magistrate dismissed the application on the ground that relevancy of these documents is neither specified in the application nor disclosed at the time of arguments. 3. In revision, learned Addl. Sessions Judge allowed this revision with a direction that Magistrate after hearing both the parties may call for the records on filing fresh application and the accused-petitioner would submit copies of the same. 4. Counsel fir the accused-petitioner confines his prayer only to this extent that all the documents to be called for, are not in possession and power of the accused-petitioner hence filing of the copies is not possible for the accused-petitioner, and tIe accused would file an application stating the reasons and relevancy of the documents which may be required. This prayer is not opposed by learned Public Prosecutor. 5. Consequently, this petition is partly allowed as the condition imposed vide order dated 13.1.2003, in Cr.Rev. No. 21/02, for filing copy of the documents by the accused prior to summoning of the original record is set aside. After receipt of the original records, the Court may ask the accused to obtain the copies and submit them on record.Petition partly allowed. *******