RANJIT Vs. STATE OF MP

JUDGEMENT

(1.) This application under Section 482 of CrPC has been filed against the order dated 25/01/2018, passed by 10 th Additional Sessions Judge, Gwalior in Special Sessions Trial No.62/2017, by which the application filed by the applicant under Section 91 of CrPC, has been rejected.

(2.) The necessary facts for the disposal of the present application in short are that earlier, at the time of framing of charges, the applicant had filed a similar application under Section 91 of CrPC seeking a direction for production of call details as well as the details of messages exchanged between two mobile SIM Nos.7067214236 and 7067709395. The said application was dismissed by the trial Court by order dated 02/05/2017 on the ground that the documents of defence cannot be considered at the time of framing of charges.

(3.) Being aggrieved by the order of the trial Court, the applicant has filed a revision before this Court which was registered as Criminal Revision No.831/2017. In the meanwhile, another application was filed under Section 91 of CrPC, seeking the above-mentioned direction, which was once again dismissed by the trial Court by order dated 25/01/2018. Since the order dated 25/01/2018 was not challenged by the applicant and in view of the subsequent order passed by the trial Court, the revision filed against the order dated 02/05/2017 had become infructuous for all practical purposes, therefore, the counsel for the applicant sought permission from this Court to withdraw Criminal Revision No.831/2017, with liberty to assail the order rejecting the subsequent application filed under Section 91 of CrPC. Criminal Revision No. 831/2017 was accordingly dismissed as withdrawn, with the aforesaid liberty.