GIRESHWAR TIWARI Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioners along with others are accused in F.I.R. No. 162 of 2008 registered under Sections 302, 307 read with Section 34 of Indian Penal Code and also Section 25 -54/59 of the Arms Act in Police Station Shimla (West). After completing the investigation in the case, challan has been put in the Court which is pending for consideration of charge.

(2.) AN application was moved by the petitioners herein, who are on bail, under Section 91 read with Section 173(8) of the Code of Criminal Procedure, in short ˜the Code, for summoning certain documents which was dismissed as withdrawn. Thereafter, they moved another application under Section 294 of the Code of Criminal Procedure for placing on record the documents mentioned in para 3 of the their application, for its admission and denial precisely with a view to enabling them to address the arguments on the point of charge which was dismissed by the learned Additional Sessions Judge (Fast Track Court), Shimla vide its detailed order passed on 4.12.2008, on the short ground that at the timer of framing the charge, the material sought to be produced on record cannot be considered. To this extent, I find no ambiguity in the order impugned because at the time of framing of the charge, hearing the submission of the accused or his counsel has to be confined to the material produced by the police in the form of a challan under Section 173 of the Code as held in State of Orissa v. Debendra Nath Padhi, AIR 2005 SC 359 and Bharat Parikh v. Central Bureau of Investigation and another, 2008(10) Supreme Court Cases 109.

(3.) ON the other hand, Shri J.S. Guleria, learned Law Officer for the State vehemently argued that the petitioners intend to place on record irrelevant evidence to confuse the matter and make the file voluminous. The documents which are sought to be produced have no relevance with the case.