VIMAL BHATNAGAR S/O SHRI KIRAN KUMAR BHATNAGAR, RESIDENT OF 13, NAKODA NAGAR SECOND, RAKAMPURA ROAD, IN FRONT OF TRANSPORT NAGAR, BEDWAS, UDAIPUR Vs. STATE

JUDGEMENT

(1.) Imploring annulment of order dated 29th of April 2016, passed by Addl. District & Sessions Judge No.5, Udaipur (for short ‘learned revisional Court’), accused-petitioner has preferred the instant misc. petition under Sec. 482 Cr.P.C.

(2.) By the order impugned, learned revisional Court has declined to interfere with the order dated 15th of Dec. 2015, passed by Addl. Chief Judicial Magistrate No.2, Udaipur (for short, ‘learned trial Court’) rejecting petitioner’s application under Sec. 91 Crimial P.C. to issue summons to police officer for production of documents.

(3.) The facts, apposite for the purpose of this petition are that second respondent complainant submitted a written report before SHO, Mahila Police Station, Udaipur City against the petitioner culminating into registration of FIR against him for offence under Sec. 498A and 406 IPC. The Investigating Officer carried out investigation in the matter and submitted final report before the learned trial Court attributing aforesaid offences against him. After submission of charge sheet, petitioner made endeavour to summon statements of two alleged independent witnesses recorded during investigation and some of the documents by laying application under Sec. 91 Crimial P.C. before the learned trial Court. The learned trial Court examined the application objectively and, upon consideration of the arguments of the counsel for the petitioner as well as Public Prosecutor, declined his prayer.