2012 (3) TMI 726

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....oning of some documents were dismissed. The petitioner herein was working as a security guard at the Masih Automobiles Petrol Pump, Anand Vihar and is charged along with other co-accused persons for offences under Section 302/506/323/325/34 IPC read with Section 27 Arms Act and the Trial Court proceedings are pending in the Court of Sh. P.S. Teji, learned ASJ. The allegations against the petitioner are that on 30.09.2009 at around 11.00 P.M., four people including the deceased, Himanshu Sharma came at the petrol pump in their Honda City car and the deceased started urinating on the wall of the petrol pump. Thereafter, Mukesh Lal, who was at the relevant time the incharge of Masih Automobiles Petrol Pump, Anand Vihar and the other staff ente....

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....ronting the witnesses in cross-examination and to prove his innocence. 4. Per contra, the learned APP for the State has opposed the petitions on the ground that the documents summoned by the petitioner are not required at the stage of prosecution evidence and can be sought and proved by him at the stage of his defence and that the applications under Section 91 and 294 Cr.P.C. were filed just to delay the proceedings of the Court and were rightly dismissed by the learned ASJ. 5. Section 91 Cr.P.C. envisages the production of any document or other thing which is required or desirable for the purpose of any investigation, inquiry, trial or other proceedings under the Code, if the Court is satisfied that such documents are essential and r....

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....dy been examined and cross examined. In any case, no relevancy of any of those documents and the purpose of putting them in cross examination to any prosecution witness, have been spelt out. Merely by saying that these documents were required for the purpose of cross examination was not enough. It is trite that the documents required for the purpose of defence cannot be summoned under Section 91 Cr.PC. From the nature of documents sought to be produced, as mentioned in the application, it would be seen that the petitioner was undertaking a roving inquiry into the work of crime team during the relevant time of the incident. The call details of three friends of the deceased which are sought to be produced are also nothing but trying to enter ....