JAI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard on admission. Notice of the case is given to the learned Public Prosecutor who is present in the Court. Heard both the sides.

(2.) On 30th Sept., 96 the learned Magistrate framed charges under Sec. 379 Penal Code and 39 Electricity Act and after explaining the charges to the accused and recording his plea the learned Magistrate stated that the accused has objected that copies of the photographs have not been supplied to him. On this, the learned Magistrate directed the APP to handover the copies of the photographs before evidence. The learned counsel for the petitioner submits that his valuable right of explaining to the learned Magistrate on the basis of those photographs that the charge is not made out has been violated.

(3.) It is true that the accused could have objected to the entire papers and documents not being supplied alongwith the challan papers earlier also, but the very fact that the learned Magistrate had directed giving of such copies before evidence shows that earlier these documents were not supplied. If that was so, there is force in the contention of the learned counsel for the petitioner that all the documents which were taken into consideration by the learned Magistrate as material on the basis of which charges was framed were not available to the petitioner and his right to address the Court on the basis of the photographs was taken away.