ILAYARAJA Vs. STATE

JUDGEMENT

(1.) In S.C. No., 173 of 2012, the petitioner herein is the sole accused, facing trial for the offence under section 302 I.P.C. In the above case, during trial the petitioner has come forward with an application under section 91 Cr. P.C. to call for the general diary of the respondent police station from 3.10.2011 to 5.10.2011 and the F.I.R. in Crime No. 260 of 2011, on the file of the same police station to substantiate the defence raised by the accused and as such the petitioner sought to issue summons to the Station House Officer to produce the documents above mentioned to give evidence in this regard.

(2.) The petition was filed after serving notice on the learned Public Prosecutor. The learned Public Prosecutor on receipt of such notice endorsed "I oppose". The respondent also filed counter to the effect that the documents mentioned are in no way connected with the facts of the case and not proper reason had been assigned in the petition to send for the documents and the petition failed only to drag on the proceedings.

(3.) The Trial Court having received the counter on 28.2.2013 proceeded to hear both parties on the same day and adjourned the case to 2.3.2013 for orders. On 2.3.2013, the learned Trial Judge passed an one line order "Order Pronounced. In the result, this petition is dismissed."