LAWS(P&H)-2000-8-126

PURAN SINGH JASSI Vs. STATE OF PUNJAB

Decided On August 09, 2000
Puran Singh Jassi Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. filed by the accused-petitioner, seeking quashment of the order dated 28.10.1999 passed by the learned Sessions Judge dismissing the revision petition and upholding the order dated 25.9.1999 passed by the Judicial Magistrate, refusing to order the summoning of record at the instance of the accused-petitioner.

(2.) THE facts which are relevant for the decision of the present petition are that in case FIR No. 44 dated 27.6.1997 under Sections 419/420/467/468/471 IPC, accused-petitioner had moved an application dated 18.9.1999 under Section 294 Cr.P.C. for summoning of some record at the pre-charge stage, at the instance of the accused. It was alleged that the said record was relevant to be considered on the point of framing of charge. The said application was contested by the State by filing a written reply dated 20.9.1999. After hearing both sides, the learned trial Magistrate, vide order dated 25.9.1999 dismissed the said application of the accused-petitioner. Aggrieved against the said order of the trial Magistrate, the accused- petitioner filed revision petition before the Sessions Court. After hearing both sides, the learned Sessions Judge, vide judgment dated 28.10.1999 dismissed the revision petition. Aggrieved against the orders passed by the Courts below, the petitioner filed the present petition under Section 482 Cr.P.C. in this Court, seeking quashment of both the orders passed by the Courts below.

(3.) THE learned Counsel appearing for the accused-petitioner submitted before me that the Court is within its powers to consider even the material which the accused may produce at the stage of consideration of charge. Reliance was placed on the law laid down by their Lordships of the Supreme Court in JT 1996(7) SC 6, Shri Satish Mehra v. Delhi Administration and another, and the law laid down by this Court in 1990(1) Punjab Law Reporter 642, K.N. Seth and others v. Union of India and another.