RAJESWAR SINGHAL Vs. CBI

JUDGEMENT

(1.) Heard.

(2.) In the course of cross-examination of PW2 Sh. J.K. Srivastava, an application under Sec. 91 Crimial P.C. was made on behalf of the petitioner seeking production of two documents detailed in the application lying in possession of CBI which were seized earlier in the course of a search of petitioner's premises. According to learned counsel for the petitioner. PW2 Sh. J.K. Srivastava being the author of those two documents, the same are required to be got proved by him in the course of his cross-examination.

(3.) The learned Trial Court placing reliance on a judgment of Supreme Court in State of Orissa Vs. Debendra Nath Padhi, (2005) 1 SCC 568 declined the prayer holding that the petitioner could not invoke Sec. 91 Crimial P.C. at that particular stage and could get the same produced and proved only when he entered upon his defence.