FR JOHN JOSEPH Vs. STATE OF TAMIIL NADU

JUDGEMENT

(1.) Accused 1 to 3 in S.C.No.25 of 1998, on the file of the District Sessions Judge, Kanyakumari District at Nagerocil, have filed this Revision against the order passed by the learned District Judge in Crl.M.P.No.2837 of 2003 dated 20.9.2003.

(2.) The petitioners have filed Crl.M.P.No.2837 of 2003 under Section 91 Cr.P.C. to summon the 161(3) Cr.P.C. statements of the witnesses examined in Cr.No.2 of 2002 and the final report in the said case from the Additional Director General of Police, CBCID, Chennai for cross-examining the witnesses.

(3.) The fourth accused in the above said case, preferred Crl.R.C.No.1510 of 2003 against the order passed in Crl.M.P.No.2103/2003 filed under Section 91 Cr.P.C. before this Court and this Court dismissed the same on the ground that the documents purported are only to the harassment said to have been meted out to the accused for the period between 4.9.1997 and 6.9.1997 and the murder is said to have taken place in the year 1995, and therefore, the so called documents pertaining to the harassment will not in any way be helpful to the accused. Relying upon the said order of this Court, the learned District Judge has negatived the prayer of the accused for sending of the documents.