ROOP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have preferred this criminal misc. petition under Sec. 482 Cr.P.C. claiming the following relief:

(2.) Brief facts of this case as noticed by this Court are that an FIR bearing No.7/1992 was lodged by Shri Badri Narayan Soni in relation to an incident happened on 13/1/1992 at 5:00 PM alleging therein that the complainant's house was demolished by the present petitioners. As per the pleadings of the petitioners, the police did not find the offence proved against the petitioners under Sec. 332, 353 and 415 of IPC, but proceeded as against them only under Sec. 323 of IPC. The cognizance was taken by the learned court below against the present petitioners alongwith Sarpanch of the Gram Panchayat. However, before the charges could be framed, an application was moved by the petitioners requesting the learned trial court to summon a copy of certain documents namely, notice No.1/90 dtd. 10/1/1990; the resolution of Gram Panchayat, Napasar dtd. 14/1/1990 for removal of unauthorized possession over the land and; attendee register dtd. 13/1/1992, wherein the petitioner was appointed as a government servant.

(3.) Learned counsel for the petitioners submits that the learned court below has failed to appreciate the contents of the aforementioned application. Since the documents sought to be summoned by way of the said application were pivotal to the facts of the case, therefore, the learned court below ought to have allowed such application while summoning those documents.