PAWAN DUGGAL Vs. STATE

JUDGEMENT

(1.) The petitioner who is facing trial under Section 302/307/212/201 read with Section 120B and 34 Indian Penal Code as well as Section 25/27 of the Arms Act has come to this Court under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "Code" only) challenging the orders dated 12.1.2001 passed by the learned Trial Judge rejecting his application under Section 91 of the Code.

(2.) I have heard learned counsel for the petitioner and learned counsel for the State. I have gone through the records.

(3.) The facts relevant for the disposal of this petition, briefly stated, are that the petitioner vide his application dated 6/12/2000 requested the Trial Court to require the I.O.to produce in Court the original alongwith a copy of the inspection form/report No.582 dated 7.11.1999 submitted by Public witness Subhash Chander SI of Crime Team in regard to the inspection of the Arms/Ammunition and other articles found at the place of occurrence, produce in the Court a pistol as well as revolver that were found lying at the spot as mentioned in the PCR form dated 7.11.1999 and the original PCR record relating to the receipt/sending of the PCR calls made on 7.11.1999 from Police Headquarters to DCP North west/PS Model Town in regard to the incident.The prosecution opposed this request mainly on the ground that all those documents on which the prosecution was relying had already been supplied to the accused and as such the application was merely with a view to delay the trial of the case.The learned Additional Sessions Judge dismissed the application holding that it was without any merit.