RAJENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) G. D. Dube, J. In this application under Section 482 of the Code of Criminal Procedure a prayer has been made that the order dated 12th May, 1992 passed by the Xth Additional Sessions Judge, Agra be quashed and the' document sought to be filed may be admitted.

(2.) THE facts of this case lie in a very short compass. A Sessions Trial No. 63 of 1988, State v. Virendra and others, is pending before the court of Xth Additional Sessions Judge, Agra. An application was moved on behalf of the applicant before the Sessions Judge requesting that the final report of the police and the report lodged by the accused be summoned. It was also prayed that the order of the revisional court arising from the order of the Magistrate refusing the final report and summoning the applicant be also permitted to be filed. THE learned Sessions Judge rejected this application and this has given rise to the present application.

(3.) THE learned counsel for the opposite party Sri M. D. Singh urged that the sole intention of the applicant is to delay the proceeding. Even though the applicant was in the possession of the certified copy of the order dated 3rd. May, 1989 in Criminal Revision No. 93 of 1989-Sunil v. State, & prayer was made that prosecution may be permitted to apply for certified copy and file it. It was urged that the evidence sought to be adduced in trial will not have any effect because the prosecution will have to stand on its own legs.