MANSHA RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) This petition is directed against the order dated January 28, 2000 passed by the learned Sessions Judge, Bilaspur in Cr. Rev. No. 1 of 2000 whereby the order dated January 11, 2000 passed by the learned Judicial Magistrate, I -Class Bilaspur in case No. 74/2 of 99/92 directing production of photo copies of Wills on application of the prosecution under Section 311 of the Criminal Procedure Code has been upheld.

(2.) Brief facts material for the disposal of the case in hand are that the petitioner herein along with respondents No. 2 and 3 is facing trial in the Court of the learned Judicial Magistrate 1 - Class, Bilaspur on a charge under Sections 498 -A, 494, 506, 380, 466, 468, 471 and 12 -B of the Indian Penal Code. One Nika Ram, Registration Clerk has been examined in the said case to prove execution of two Wills by the petitioner. It is alleged that the said witness had not produced the photo copies of the Wills which are essentially required to be produced to prove the charge; therefore, the prosecution moved an application under Section 311 of the Criminal Procedure Code for recalling Nika Ram with direction to produce copies of the said Wills. The petitioner and respondents. No.2 and 3 resisted the application on the grounds that the production of such copies was not necessary and that during the life time of the testator (the petitioner) copies of the Wills could not be procured and produced in evidence. The learned trial Magistrate allowed the application and directed production of the copies of the Will vide order dated January 11, 2000. The revision petition preferred by the petitioner and respondents No. 2 and 3 against the said order was dismissed vide the impugned order by the learned Sessions Judge. Hence the present petitions.

(3.) I have heard the learned counsel for the petitioner and the learned Additional Advocate General for the respondents/State and have also gone through the relevant records.