CHARLES VICTOR Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioners are assailing the correctness, propriety and legality of the order which has been passed by Additional Sessions Judge, Mhow in the matter of Session trial No. 336/92 dated 29.7.1994 by which the learned A.S.J. rejected the prayer made by the petitioner for the purpose of calling the statement of witnesses recorded in the enquiry in context with the accidental death entry register, in relation to the death of deceased Jaisinha who died on 4.2.1992 at Mhow.

(2.) SHRI Maheshwari, learned counsel for the applicants/petitioners pointed out at the time of moving the said application for calling those documents in the Court, number of the said accidental death inquiry was also specified which was happens to be 5/92, Police Station Mhow.

(3.) SHRI Maheshwari submitted that a prayer was made to call the register which was bearing the entry in respect of the despatch of copy of FIR to the Magistrate immediately after it was recorded by the concerned Police Station. He submitted that the said register was also necessary for the purpose of cross-examination, in view of Section 145 of the Indian Evidence Act. He submitted that the learned trial Judge did not notice the relevancy of those documents for the cross-examination in view of the provisions of Section 145 of the Evidence Act. He submitted that the learned trial Judge misdirected himself towards the provisions of Section 173 of the Code of Criminal Procedure only and committed an error of rejecting the said application. He submitted that in the interest of justice the said application should have been allowed by the learned trial judge and as it has not been done, by setting aside the order which has been put to challenge in this revision petition, this Court be pleased to direct the prosecution to produce those documents.