C MARMUGAM Vs. STATE OF MYSORE

JUDGEMENT

(1.) This revision petition arises from a case in which the petitioners are being prosecuted for offences under Sections 163 and 420, I. P. C. The case is being tried by a Special. Judge under Section 6 of the Criminal Law (Amendment) Act, 1952; under Section 8 cf that Act, the procedure prescribed being that for the trial of warrant cases under the Code of Criminal Procedure. The stage reached in the, case is that charges have been framed against the accused and the prosecution is examining its witnesses. The accused have not yet entered on their defence. The petitioners (Accused) applied to the Court to summon a witness for the production of certain documents. The learned Judge rejected the application taking the view that the accused were not entitled to make the application until they had entered on their defence.

(2.) According to the learned Judge Section 251-A, which now regulates the procedure for warrant cases, accords the accused such a right only when that stage is reached and not at any earlier stage and he relies upon Sub-section (9) of that section.

(3.) In challenging the correctness of this order it is urged for the petitioners that Section 94 Code of Criminal Procedure, invests the Court with full discretion to issue a summons for the production of documents at any stage of an inquiry, trial or other proceeding and that the learned Judge was in error in thinking that his powers were confined to the ambit of Section 251-A(9). On the other hand it is urged by the learned Assistant Advocate-General appearing for the State that Section 94 merely provides the machinery for securing the production of documents under various proceedings and the circumstances under which such machinery is to be employed have to be determined with reference to the provisions dealing with different categories of proceedings and the various stages of such proceedings. Both the sides have referred to some decisions, which, it is seen had to consider the tenability of such an application in cases governed by the Code of Criminal Procedure before its amendment by Act XXVI of 1955.