MADHAB MAHARANA Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD

(2.) INVOKING inherent jurisdiction of this Court under Section 482 CrPC the petitioners have filed this CRLMC seeking to quash the order dated 1.10.2005 passed by the Sessions Judge, Dhenkanal in C.T. (SS) No. 326 of 2004/1 of 2004. The petitioners are admittedly facing trial for alleged commission of the offences under Sections 147/148/323/307/506/149 IPC and 25/27 Arms Act. The trial has already commenced and some witnesses have already been examined. At this juncture two petitions were filed before the Court below, one under Section 233 CrPC with prayer to summon five witnesses being the Secretary to Government in the Home Department, IIC of Dhenkanal Town P.S., OIC of Motanga P.S. and two others, namely, Kirtan Sahu and Minaketan Sahu; and the other under Section 91 CrPC praying to call for some documents from the Under Secretary to Government of Orissa, Home Department and the OIC of Motanga P.S. The Court below has disposed of both the aforesaid petitions by a common order which is impugned in this case.

(3.) I have perused the impugned order and other materials on record. Law is well settled that accused should be given opportunity to adduce his evidence. Even according to the petitioners there are several documents which would reveal their innocence. If the said fact is true, it will be open to them to produce certified copies of those documents and get the same exhibited in consonance with the Evidence Act. Calling for official witnesses of the ranks as stated above only for the purpose of production of certain documents would not be just and proper and that may rather delay the proceeding of the case. I do not find any illegality or infirmity in the impugned order and I am therefore not inclined to interfere with the same. I dispose of this CRLMC granting liberty to the petitioners to produce certified copies of the relevant documents which they want to rely upon and get the same exhibited in consonance with law, if they are so advised.