ASHOK MISRA Vs. STATE OF U P

JUDGEMENT

(1.) O. P. Garg, J. This is an application under Section 482 of the Code or Criminal Procedure with the prayer that the order dated 9-8-1996 passed by the 1st Metropolitan Magistrate, Kanpur Nagar in Criminal Case No. 135 of 1995 State v. Ashok Mishra be set aside and a direction be issued to the concerned Magistrate to provide a copy of the audio cassette alleged to have been recorded at Lucknow camp office on 24-2- 1990 and 26-2-1990.

(2.) COUNTER and rejoinder affidavits have been filed in this case. Heard Sri S. P. Srivastava, learned counsel for the applicant, learned A. G. A. on behalf of the State and Sri P. K. Singh learned counsel for the opposite party No. 2.

(3.) ON behalf of the opposite party, a copy of the transcribed conversation from the cassette has been filed before this court as Annexure 1 to the affidavit dated 3-1-1997 sworn in by Sri Akhilesh Kumar. It was urged that the said copy be supplied to the applicant so that he may utilise the same in cross- examination of the witnesses. Learned counsel for the applicant- accused urged that mere transcribed conversation is not sufficient to prepare an effective defence in the case on behalf of the applicant.