SURENDRA GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present revision has been preferred challenging order dated 12-5-2015 passed by the learned Sixth Additional Sessions Judge, Ambikapur in Sessions Trial No. 134/2014 whereby the Court below has dismissed the application filed by the applicant under S. 91 of Cr. P.C.

(2.) The facts in brief in the present case is that the applicant is an accused u/Ss. 304-B, 498-A and 306, I.P.C. He had moved an application under S. 91 of Cr. P.C. before the trial Court calling for documents i.e. Merg Diary of Merg No. 33/2013 registered at Police Station Lundra, District, Surguja which according to him is a relevant document and is an important piece of evidence for his defence. The Court below has rejected the same on the ground that the said document has no relevance in connection with the charge levelled against the applicant. He prays that the said document will not cause prejudice to the case of the prosecution in case if the document is called and placed along with the record. But if the document is of some advantage to the applicant to be used as his defence it cannot be opposed by the proescution.

(3.) Learned State counsel however opposes the application on the ground that the order passed by the Court below is a well speaking order and does not call for any interference on the ground that there is no necessity of these records to be called for.