JANAB ABDULRAHIMAN Vs. ALTHAFHUSSEIN S/O ALLABAKHA

JUDGEMENT

(1.) Though the matter is listed for admission, with consent of learned counsels appearing on both sides, it is taken up for final disposal.

(2.) This is the petition filed by the petitioner- complainant under Section 482 of Cr.P.C., praying the Court to quash the order dated 27.5.2017, passed on interim application filed under Section 91 of Cr.P.C., by the trial Court i.e., JMFC-I Court, Hubballi. The 2 n d relief sought is to direct the trial Court to permit the petitioner to adduce the Xerox copy of the irrevocable general power of attorney dated 14.6.2004, executed by petitioner and others in favour of accused No.2 and the same is to be treated as secondary evidence.

(3.) The petitioner approached this Court being aggrieved by the order passed by the learned Magistrate Court, dated 27.5.2017, on the application filed under Section 91 of Cr.P.C. By filing such application, the complainant prayed the trial Court that accused No.2 be directed to produce the irrevocable general power of attorney said to have been executed by the petitioner-complainant in favour of the accused No.2. The said application was opposed by the accused persons by filing their statement of objection contending that there is no provision in the Criminal Procedure Code which provides for summoning documents from the accused. After considering the application and also objections filed to the said application, the learned JMFC-I Court, Hubballi, rejected the application. Hence the petitioner- complainant is before this Court and he challenged the legality and correctness of the said order of the learned JMFC-I Court, Hubballi, on the grounds as mentioned in the petition.