JAVED KHAN Vs. STATE OF M P

JUDGEMENT

(1.) This petition has been preferred under Section 397/401 of Cr.P.C. against the order passed by First Additional Sessions Judge, Dabra in S. T. No. 151/2010 on 30.11.2010, whereby the application preferred under Section 91 of the Cr. P.C. by the petitioner has been rejected.

(2.) Brief facts of the case are that, complainant Kumari Abhika Jain has filed an application before the Chairman State Woman Commission on 27.08.2009 that due to quarrel with parents and brother she herself left the house along with jewelery which she wants to return to her parents. Jewelery was also presented before the Chairman State Woman Commission Bhopal. The petitioner is facing trial regarding kidnapping/abduction of Kumari Abhika Jain. Petitioner has submitted an application under Section 91 praying for summoning the documents submitted by Kumari Abhika Jain before Chairman State Woman Commission and of the proceeding took place consequent to the application and other documents for the purpose the cross examination. The prayer was opposed by the learned Public Prosecutor. Learned trial Court has rejected the prayer, hence this revision.

(3.) It is submitted that impugned order is illegal, arbitrary and capricious, therefore liable to be quashed. The documents in question are required at the time of cross examination but the learned trial Court has lost sight of this aspect. The petitioner is unable to call these documents but this has also not been considered by the learned trial Court. It is prayed that the impugned order be set aside.