BRIJNATH KEDARNATH Vs. STATE

JUDGEMENT

(1.) THESE are three references made by the Sessions Judge, Indore, in three different cases against the accused-petitioner Brijnath. As the point of law involved is common, this decision will dispose of all the three references.

(2.) PETITIONER Brijnath, an employee in the State Electric Supply Company is being prosecuted under Sections 409 and 465, I. P. C. , for different items in these three cases. In his defence, he wanted two letters, both dealing with the sanction for his prosecution, one being from the Inspector General of Police to the Home Secretary and another letter from the Assistant Home Secretary to the Secretary Public Works Department. The accused-petitioner thinks that there is something in his favour in these letters, and, therefore, he wants them to be produced in the trial Court. The Inspector General of Police claimed privilege under Sections 123 and 124 of the Indian Evidence Act. This claim was accepted by the trial Court; but the Sessions Judge comes to the conclusion that these letters cannot be privileged, and he wants an order from this Court to the prosecution of these letters in the Court below.

(3.) THE learned Government Advocate has taken objection to the inspection of these documents by the Sessions Judge. He thinks that these letters when they were claimed to be privileged could not have been inspected by the learned Court.