SURENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS miscellaneous petition is directed against the order dated March 1, 1990, passed by the Special Judge, C.B.I. cases, Jodhpur, by which the learned Special Judge dismissed the application under Sections 91 and 294 of the Code of Criminal Procedure filed by Shri Yaspal Bhatiya.

(2.) THE petitioner and Yaspal Bhatiya are facing trial under Sections 420, 467, 471, 120B IPC and Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, in the Court of the Special Judge, C.B.I, cases, Jodhpur, On January 8, 1990, two applications were moved by Yaspal Bhatiya before the learned Special Judge, C.B.I. Cases, Jodhpur, under Sections 91 and 294 Cr.P.C. by the application under Section 91 Cr.P.C. Yaspal Bhatiya prayed that three documents, mentioned in that application, should be called from the prosecution as it is necessary for the disposal of the case. By another application, moved under Section 294 Cr.P.C. It was prayed by Yaspal Bhatiya that the prosecution may be asked to admit or deny the documents filed alongwith this application. The learned Public Prosecutor contested both the applications and the learned Special Judge, by his order dated March 1, 1990, rejected both the applications filed by Yaspal Bhatiya and directed the accused to admit or deny the documents produced by the prosecution under Section 173 Cr. PC.

(3.) THE learned Special Judge dismissed the application under Section 91 Cr.P.C., filed by Yaspal Bhatiya, on the ground that the documents mentioned in the application are neither necessary nor has they any important bearing on the question of framing the charges. When according to the learned Special Judge, the documents in question were neither necessary nor have any important bearing on the framing of the charges then learned lower Court has not committed any illegality in rejecting the application filed by Yaspal Bhatiya under Section 91 of the Code of Criminal Procedure. The Court is required to consider the request of the accused for summoning the documents only if the documents have an important bearing on the question to see : Whether the charges against him are or are not groundless. If the documents have no important bearing on the question of framing the charges then any document, merely on the asking of the accused, cannot be summoned. If the accused wants to place reliance over any document then he can file the certified copy of the same and can requested the Court to summon the document even at the later stage. It may further be mentioned that the application under Section 91 Cr.P.C. was filed by Yaspal Bhatiya and not by the petitioner and Yaspal Bhatiya did not raise any grievance against the order rejecting his application. In this view of the matter, the learned lower Court has not committed any illegality in rejecting the application under Section 91 of the Code of Criminal Procedure filed by Yaspal Bhatiya.