PRADEEP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition filed under Section 482, Cr. P.C. against the order of the learned Additional Chief Judicial Magistrate No. 2, Jodhpur dated December 10, 1993 by which he rejected the application of the accused -petitioners moved under Section 91, Cr. P.C. for the production of statements of the neighbours Atiurrehman and Bachraj Nai recorded under Section 161, Cr. P.C. and certain documents collected during investigation.

(2.) AFTER hearing the learned counsel for the accused persons and the complainant and the learned Public Prosecutor the learned Magistrate rejected the Application holding that the prosecution is not bound to cite in the charge -sheet all the witnesses examined under Section 161, Cr. P.C. and produce documents collected during investigation and whatever documents were considered necessary they have been enclosed with the challan. He further held that the provisions of Section 91, Cr. P.C. cannot be invoked under the facts and circumstances of the case and the accused petitioner will have full opportunity to defend themselves.

(3.) THE learned Public Prosecutor duly supported the order under challenge.