K N SRINIVASAN Vs. J DAYALAN

JUDGEMENT

(1.) THE order passed by the Additional Sessions Judge, Thiruvannamalai in Criminal Revision Petition No.1 of 1999confirming the order passed by the Judicial Magistrate No.II, Cheyyar in Crl.M.P.No.3873 of 1998 dismissing the application filed by the petitioner under Sec.311, Crl.P.C. for summoning certain document and recalling P.W.3, is under challenge before this Court in this petition filed under Sec.482, Crl.P.C.

(2.) THE petitioner filed a private complaint against the respondents for the alleged offence under Sec.434, I.P.C. alleging that the survey stone installed by the revenue authorities in the land belonged to the complainant was removed by the accused and thereby they committed criminal trespass.

(3.) THE petitioner being the complainant had already filed an application in Crl.M.P.No.2063 of 1998 to summon the inspection report. Even though it was opposed by the other side, the said petition was allowed. But, unfortunately, A-1 clerk of the Sub Collector's Office was not able to produce the said document stating that it is not available with him and the same is available with B-1 clerk of Tahsildar Office. THErefore, the purpose for which Balakrishnan, A-1 clerk of Sub Collector's Office, was examined on the order of the trial Court in Crl.M.P.No.2063 of 1998 was not achieved.