LAWS(P&H)-2015-3-147

OMBIR ALIAS SONU Vs. STATE OF HARYANA

Decided On March 17, 2015
Ombir Alias Sonu Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THE instant revision petition was filed assailing the order dated 10.02.2015 passed by learned Additional Sessions Judge, Rohtak, whereby the application filed by petitioner Ombir alias Sonu to summon the case diary was rejected.

(2.) HEARD the submissions made by learned senior counsel representing the petitioner.

(3.) AT the very outset, learned counsel for the petitioner referred to the statement of ASI Jai Bhagwan recorded on 11.03.2010. ASI Jai Bhagwan had handled the investigation at the initial stage. Learned counsel pointed out that in his statement the said witness deposed that Rukmani wife of Risal Singh had come at the spot after he had reached there. On the other hand, after additional accused Indu and Seema were summoned under Section 319 of the Code of Criminal Procedure, 1973 (in short, "Cr.P.C.") and the trial commenced, again ASI Jai Bhagwan was examined on 20.02.2014 and in his statement at the said stage he did not state that Rukmani wife of Risal Singh had come at the spot during investigation by him. Learned counsel contended that in view of the testimony in the statement of ASI Jai Bhagwan, the petitioner -accused had filed an application for summoning of the police diary where the factum of presence of Smt. Rukmani on the spot was recorded. Learned counsel asserted that summoning of the police file was essential for just and proper adjudication of the case and summoning of the police file will cause no prejudice to the case of the prosecution whereas the petitioner -accused will suffer irreparable loss. To support his argument that the court has vast power to call for document including case diary at the instance of the accused if production was necessary for just decision of the case, learned counsel relied upon Dhananjay Kumar Singh vs. State of Rajasthan, 2006 4 RCR(Cri) 163. Before going into the issue raised, it shall be relevant to reproduce Section 172 Cr.P.C. for ready reference: