ANIL ROOP MATHUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner by way of this petition has prayed to call for the record and quashing the order dated 3.4.2019 and allow the application dated 10.7.2018 moved by him under Section 91 Cr.P.C.

(2.) In short, the facts of the case are that a criminal complaint was filed by the respondent no.2 at Police Station, Mahesh Nagar, Jaipur, for offence under Sections 406, 120-B IPC and thereafter, a charge sheet in FIR No.127/2007 has been filed by the Investigating Agency against the petitioner. Earlier the petitioner preferred a criminal misc. petition challenging the criminal proceedings in the said FIR, however, the same was withdrawn reserving right to file an application under Section 91 Cr.P.C. for summoning of record and documents.

(3.) Thereafter, an application was moved by the petitioner wherein he has stated that the ingredients of the complaint filed by the respondent mentions of a CD received from the accused. However, the complainant has stated in his FIR that he had prepared 118 colored photographs and 4 other colored photographs as a brochure and for the purpose of publishing the said brochure, he had prepared a design on the computer and after preparing its CD, he had given it to the accused petitioner for the purpose of printing to the Printing Press with a condition that the accused will not further publish those photographs and will delete the said print from his own computer. However, the accused has sold the said photographs to the Tourism Department and have published the same. In the application moved, the petitioner has prayed for obtaining the original print out, CD and the three photographs, which have been published by the Tourism Department so that the same can be verified from those which have been published by the Tourism Department. The application also mentions of procuring the hard disk which was taken by the Investigating Officer alongwith the complainant from the petitioner's computer for which the petitioner has already registered a case under Sections 211, 168 and 385 IPC against the concerned Nathulal Jewariya. The said application was considered by the trial court and vide its order dated 3.4.2019, the same has been rejected.