JESUBALAN Vs. STATE INSPECTOR OF POLICE

JUDGEMENT

(1.) This criminal revision has been filed to call for the records in Cr.M.P.No.103 of 2010 in S.C.No.266 of 2007, on the file of the Sessions Judge, Mahila Court, Tirunelveli and set aside the order dated 08.04.2010 made in Cr.M.P.No.103 of 2010.

(2.) The petitioner is the accused in S.C.No.266 of 2007, on the file of the Mahila Court, Tirunelveli, pending trial, he filed an application in Cr.M.P.No.103 of 2010 under Section 91 of Cr.P.C. In the petition, he has alleged that P.W.1, the victim girl gave her complaint on 17.11.2006 at 10.00 hours and subsequently on 19.11.2006 First Information Report was registered, that the fact was admitted by P.W.1 and P.W.14 Sub Inspector of Police, during the course of their cross examination, that P.W.14 had deposed that before registering the case he made secret enquiry on the advice of the Inspector of Police and on the basis of the information collected by him in the said enquiry, he registered the case, that the particulars of information collected by him and the persons examined by him are very much essential to prove the defence and to disprove the prosecution case also and that in the interest of justice, the documents mentioned in the petition may be sent for to the Court. The particulars of documents to be sent for are as follows: Sl.No. Particulars of documents From whom 1 General diary of Gangaikondan Inspector of Police, Gangaigondan Police Station for the period Police Station. from 13.11.2006 to 19.11.2006 2 Daily Diary of Muthu Subramanian, Muthukrishnan, Sub Inspector of Police, S/o. Gurusamy, Gangaigondan for the period Sub-Inspector of Police, from 13.11.2006 to 19.11.2006 Gangaigondan Police Station. 3 Daily Diary of Chandrasekaran, Inspector of Police, then Inspector of Police, Gangaigondan Police Station. Gangaigondan Police Station for the period from 13.11.2006 to 19.11.2006.

(3.) In the counter filed by the respondent, it is stated that after the trial commenced, the petition has been filed in a belated stage, that the secret information could not be divulged, that the petitioner has the liberty to seek the diary for the period from 17.11.2006 to 19.11.2006 only but the request from 13.11.2006 is not tenable and no reason has been mentioned in the petition for seeking the document and that the petition may be dismissed.