RAMANUP PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The applicant has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter called the Code) praying for setting aside the order dated 24.1.2004 of the Special Judge C.B.I. South Bihar, passed in Special Case No. 7 of the 1997/R.C. 8(A)/97 whereby the learned Special Judge has rejected the petitioner's prayer for calling for some documents under Section 91 of the Code.

(2.) From the impugned order it appears that witness PW 2 was being examined by the prosecution and during cross-examination the petitioner filed a petition before the trial Court calling for some documents and the reason for calling for those documents was stated to be proper cross-examination of the witness. The reason for rejecting the petitioner's prayers as mentioned by the trial Judge was that the PW 2 was an accountant who had only proved the signature of certain persons and had filed papers and registers of this office. PW 2 had no concerned with the letters and documents intended to be called for by the petition. However the learned trial Judge also observed that the petitioner will be given opportunity for calling for those documents at defence stage if it so requires.

(3.) In paragraph 4 of the application the petitioner has mentioned the details of the documents which were required to be called for details are as follows :