SRI SATYABADI PADHI Vs. NEPAL CHANDRA KAR

JUDGEMENT

(1.) AS both the Criminal Revision and the Criminal Misc. Case arise out of the same case i.e. ICC Case No. 61 of 1995, they were heard together and are being disposed of by this common judgment.

(2.) THE Criminal Revision is directed against the order 29.8.1 997 passed by the learned J.M.F.C, Cuttack in ICC Case No. 61 of 1995 rejecting the application of the accused petitioner praying for furnishing him copies of the documents, namely; (i) statements recorded Under Sections 200 and 202, Cr.P.C. of all persons examined by the Magistrate, (ii) the statement on confession with any statement recorded under Sees. 161 or 164, Cr.P.C, and (iii) any document produced before the Magistrate on which the prosecution proposes to rely.

(3.) THE Criminal Misc. Case being for quashing the entire proceeding, the same was heard alongwith the Criminal Revision which has been filed challenging the order dated 29.8.1997 refusing the prayer of the petitioner to supply certain documents. It is profitable to examine first whether or not there is any cogent ground to quash the entire proceeding because in case this Court ultimately comes to the conclusion that the entire proceeding is liable to be quashed, then there may not be any need to examine the questions raised in the Criminal Revision.