ISMAIL BABA SAHAB Vs. A A HULAGERI

JUDGEMENT

(1.) Being aggrieved by the order passed by the learned Civil Judge and C.J.M., Dharwad, in C.C. No. 2226/82 dt. 4-3-92 rejecting the applications filed by the petitioners herein under Section 311 and also Section 313, Cr. P.C. seeking permission to produce certain letters, said to have been written by the complainant and also to recall the complainant for cross-examination, the petitioner filed this petition under Section 482, Cr. P.C.

(2.) The brief facts leading to these applications are that the respondent filed a complaint under Section 200, Cr. P.C. on the allegation that the respondent has made certain derogatory and false statements in the letter written to the Dist. and Sessions Judge, Dharwad alleging among other things that the complainant indulges in using his official position against the interest of this respondent and influencing them in the matters pending before the Court, etc. This letter was forwarded to the complainant by the Dist. Judge for his remarks. On the basis of the allegations contained in the letter, the complainant lodged a complaint before the learned Civil Judge and C.J.M. Dharwad for the alleged offence under Section 500, I.P.C. The said case was registered in C.C. No. 2226/82. In actual fact, the trial was concluded and the statement of the petitioner who is accused before the Court was recorded and the case stood posted for arguments. At that time, the petitioner filed two applications as stated above. The respondent filed objections to these applications and after hearing both the parties, the learned Court rejected the application on the ground that the records were not: produced from proper custody and therefore, the Court refused to receive the letter and also permission to recall PW-1 for further cross-examination. This order is questioned in this petition.

(3.) Heard the learned counsel for parties and the learned counsel for the respondent also filed a written argument in detail. Perused the same.