BAIJNATH SINGH GHURAIYA Vs. STATE OF M.P.

JUDGEMENT

(1.)

(2.) HEARD finally with the consent of the learned counsel for the parties. This is a petition preferred under Section 482 of Cr.P.C. with a prayer that the trial court may be directed to summon the statements of the material eye -witnesses recorded by the police during investigation, which were suppressed by the prosecution and not produced at the time of submitting charge -sheet in the court.

(3.) IT is submitted by the learned counsel that under Section 91 of Cr.P.C. summons for production of such statements, recorded during investigation can be issued by the Court and under a written order, an officer -in -charge of the police station can also be directed for production thereof. It is further argued that this section presupposes that when the documents are not produced, process may be initiated to compel production thereof by the court for the just decision of the case.