V. PITCHAI Vs. STATE

JUDGEMENT

(1.) This petition is directed against the order passed by the trial Court dismissing the application filed under Section 91 Cr. P. C. , The petitioner herein stands prosecuted for alleged offence under Section 7 and 13(2) r/w. 13(1)(e) of the Prevention of Corruption Act. The case is of the year 2010 wherein during the course of the trial, the accused/petitioner had through his petition Crl. M. P. No. 670 of 2017 had sought for production of

(2.) Preliminary investigation records such as statement of witness recorded if any in the present Crime No. 18/2005/AC/CC-II.

(3.) The trial Court after duly considering the averments made in the petition and in the counter has declined to accept the plea that case diary is privileged document and production of the case diary for the perusal of the accused person is prohibited under Section 172 Cr. P. C. However for the point whether it is relevant for the purpose of present trial, it has held that the documents collected during the search in the residential premises of the accused person in Crime No. 13/AC/2001 are alone relevant document for the case, whereas the case diary relating to other investigations viz. , 12/AC/2001, 13/AC/2001, 14/AC/2001, 15/AC/2001 are not relevant and dismissed as not relevant for the purpose of trial of this case.