Research › Search › Judgment

Rajasthan High Court · body

2004 DIGILAW 300 (RAJ)

State of Rajasthan v. Pawan Kumar Goyal

2004-02-27

SHIV KUMAR SHARMA

body2004
Judgment Shiv Kumar Sharma, J.-In the instant Miscellaneous Petition the orders dated September 27, 2001, are under challenge, whereby the applications of respondents under Section 457 Cr.P.C. were allowed and directions were issued that the investigating Officer shall retain attested photo copies of the documents/records and shall return original documents thereof to the respondents and the respondents would produce original record as and when called upon to do by the Investigating Officer and shall not dispute correctness of the photo copies. 2. Having heard rival submissions, I find that the court below in passing the impugned orders has not travelled beyond the scope of Section 457 Cr.P.C. The explanation appended to Section 451 Cr.P.C. provides that the ‘property’ shall include ‘document’, which is produced before the Court or which is in its custody. The said definition of’property’ shall also be applicable while passing the orders under Section 457 Cr.P.C. 3. For these reasons, I do not find it a fit case to invoke inherent powers under Section 482 Cr.P.C. The Miscellaneous petitions being devoid of merit stand dismissed.