2012 (3) TMI 726 - HC - Indian Laws

Court Upholds Trial Decision: Denies Document Requests as Irrelevant, Imposes Costs for Delays in Prosecution Process.

The HC dismissed the petitioner's revision petition under Sections 397/401 Cr.P.C. and 482 Cr.P.C., affirming the Trial Court's decision to deny ... - Issues involved: The judgment involves the dismissal of applications under Section 91 Cr.P.C. and Section 294 Cr.P.C. by the Trial Court, pertaining to summoning of documents for defense in a case where the petitioner is charged with offenses under Section 302/506/323/325/34 IPC read with Section 27 Arms Act.Details of the judgment:1. The petitioner filed a revision petition under Section 397/401 Cr.P.C. read with Section 482 Cr.P.C. challenging the Trial Court's order dismissing applications under Section 91 Cr.P.C. and Section 294 Cr.P.C. for summoning documents essential for defense. The petitioner, a security guard, is accused in a case involving the death of an individual at a petrol pump. The petitioner sought various documents including DD entries, registers, and call details for defense purposes.2. The petitioner's applications sought the summoning of documents crucial for defense, including DD entries, registers, call details, and a witness statement in a CD for cross-examination of prosecution witnesses. The petitioner also requested a correction in a witness statement. The Trial Court dismissed these applications, leading to the petitioner's revision petition.3. The petitioner argued that the summoned documents were essential for defense and confronting witnesses in cross-examination. However, the State's counsel opposed, claiming the documents were not necessary at the prosecution evidence stage and were a delay tactic. The Court had to determine the necessity and relevance of the documents at the current stage of proceedings.4. Section 91 Cr.P.C. allows the production of necessary documents for investigations or trials. The Court must assess the relevance and requirement of the documents at the stage they are sought. Section 294 Cr.P.C. deals with admission/denial of documents without proof of signature if genuineness is undisputed. The State argued that the petitioner's documents were not crucial at the current stage and were a delay tactic.5. The Court analyzed the petitioner's application under Section 91 Cr.P.C. and found the documents sought were for defense purposes. The petitioner's vague submission regarding the necessity of the documents for cross-examination was insufficient. The Court noted the petitioner's attempt at a roving inquiry and intrusion into privacy with the requested call details, deeming them irrelevant at this stage.6. Regarding the witness statement in a CD, the Court found the authenticity unproven, making it inadmissible for confrontation. The petitioner's plea for typographical corrections in a witness statement was deemed vague, lacking specific details. The Court emphasized the importance of not conducting a roving inquiry during trial.7. The Court concluded that the summoned documents were not relevant or necessary for the prosecution evidence stage. The petition was dismissed as frivolous, with costs imposed on the petitioner for delaying the trial. The Court emphasized the importance of following legal procedures and avoiding unnecessary delays in the judicial process.