SUBHASH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE court has opined that it would consider whether to call the documents which have been prayed for by the Petitioner by his application dt. 17.9.97 at the time of cross examination of PW Sureendrasingh Chouhan. Therefore now I do not find any substance in the revision petition to set -aside the said order passed by the trial court. However, it would be necessary to point -out that the trial court should call such records prior to the framing of charge because if such record is called earlier, at the time of framing charge the defence and the prosecution get sufficient opportunity to peruse the concerned record for making submissions at the time of taking a decision whether the charge should be framed or not. If such record is called earlier, such record can be made available to the witnesses in examination -in -chief or cross examination and it saves the time of the court and it maintains the countiuity in the trial. Thus with these observations, petition stands disposed of.

(2.) THE court would be considering the prayer made by the Petitioner for calling the said documents earlier to the date when said PW Surendrasingh Chouhan is put in the witness box for the cross examination.