TEKRAM JANGHEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this petition is to order dtd. 24/5/2022, passed in Criminal Case No. 3666 of 2020, whereby learned Additional Chief Judicial Magistrate dismissed the application filed by petitioner under Sec. 91 of Cr.P.C.

(2.) Learned counsel for petitioner submits that a criminal case is pending consideration before Additional Chief Judicial Magistrate, Raipur against petitioner along with two others for offence under Sec. 294, 323, 506, 34 of the Indian Penal Code. During pendency of criminal proceeding, petitioner filed an application under Sec. 91 of Cr.P.C. for issuance of summons for production of document before the Court from the office of Superintendent of Police. He contended that with regard to the incident initially one enquiry was conducted, which was partial and therefore, appeal was filed before Senior Superintendent of Police, which came to be dismissed and the said report was essential for the decision of criminal proceeding. However, without considering the importance of document, leaned Court below dismissed the application only on the ground that the case is at the stage of framing of charge.

(3.) Learned State counsel opposes the submission of learned counsel for petitioner and submits that learned Court below passed the detailed order assigning reason for rejecting the application submitted by petitioner. The provision under Sec. 91 of Cr.P.C. provides that if the Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable then the Court may issue summons or an order to the persons in whose possession or power such document or thing is believed to be. There is no error in the order impugned.