MAKHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant criminal misc. petition under Section 482 Cr.P.C., the petitioner has assailed the order dated 1.4.2006 passed by the Special Judge, Prevention of Corruption Act Cases, Jodhpur (for short 'the trial court') whereby the application filed by the petitioner dated 1.4.2006 came to be dismissed by the trial court.

(2.) I have heard learned counsel for the petitioner as well as Public Prosecutor for the State. Perused the order impugned so also the material available on record.

(3.) A case for offence under Sections 13(1)(c) and 13(1 )(d)(2) of the Prevention of Corruption Act is pending against the petitioner before the trial court. The prosecution has completed its evidence and the statement of the accused-petitioner under Section 313 Cr.P.C. has been recorded. At that stage, on 10.3.2006, the petitioner moved an application under Section 91 Cr.P.C. seeking to call certain documents, which are in power and possession of the Government offices mentioned in the application. That application came to be allowed by the trial court by order dated 10.3.2006 and directed to summon the document in the interest of justice through Aupcharik Shiksha, Panchayat Samiti, Sankada through its project Officer or Assistant Director. The documents were also summoned, however, it was also directed to give a copy of summon to the petitioner. Certain documents have been received in compliance of the summon issued to Panchayat Samiti, Sankada and its Project Officer etc. but some of the documents were not received. The trial court directed to the petitioner to get the documents produced on his own.