AMIT KUMAR CHAUHAN Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) J. C. S. Rawat This criminal revision has been filed against the orders dated 29-03-2006, and 03-04-2006 passed by the Judicial Magistrate, Srinagar, Garhwal in crimi nal case No. 478/2004, State Vs. Sandeep Kumar and another under section 419/420 IPC. Vide order dated 29-03-2006 the Magistrate directed the Principal Government Polytechnic Srinagar Pauri Garhwal to produce all material relating to the Uttaranchal Pre- Medical Test Examination 2004 and vide order dated 03-04-2006 the Mag istrate directed the Educational Consultant India Ltd. to produce the entire material of Uttaranchal Pre-Medical Test Examination 2004 held on 24-04-2005 in Government Polytechnic Srinagar relating to roll No. 6011212 (Amit Kumar Chauhan ).

(2.) BRIEF fact of the case are that when the Uttaranchal Pre-Medical Test 2004 was being conducted on 22-05-2004 at Government Polytechnic Srinagar, Pauri Garhwal, a first informa tion report was lodged against the ap plicant that instead of applicant some body else appeared in the examination. Thereafter, the police investigated the matter and submitted the chargesheet against the applicant and one-Sandeep Kumar. On 29-03-2006 the Magistrate directed the Principal Government Poly technic Srinagar Pauri Garhwal to pro duce all material relating to the Uttaranchal Pre-Medical Test Examina tion 2004. But, the said documents could not be received on the next date. Thereafter, on 03- 04-2006 the Magis trate directed the Educational Consult ant India Ltd. to produce the entire material of Uttaranchal Pre-Medical Test Examination 2004 held on 24-04- 2005 in Government Polytechnic Srinagar relating to roll No. 6011212 (Amit Kumar Chauhan ). Feeling ag grieved by these two orders, the present revision has been filed before this Court.

(3.) THE powers conferred under sec tion 91 are enabling in nature aimed at arming the court or any officer in charge of a police station concerned to enforce and to ensure the production of any document or other things "neces sary or desirable" for the purposes of any investigation, inquiry, trial or other proceedings under the Code, by issuing a summons or a written order to the person in whose possession such documents or material is believed to be. THE language of section 91, no doubt, indicate the width of the powers to be un limited but the inbuilt limitation inherent therein takes its colour and shape from the stage or point of time of its exercise, commensurately with the na ture of proceedings as also the compul sions of necessity and desirability, to fulfill the task or achieve the object.