9911796707
TMI Blog2012 (3) TMI 726X X X X Extracts X X X X X X X X Extracts X X X X ..... d. 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 entered into an altercation with the four ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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 required at the relevant stage of proceedings. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, 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 into the privacy of those persons and the relev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd admitted by PW1, who did not point out any error in his statement. It has not been pointed out as to what were the typographical errors according to the petitioner. 9. The Apex Court has repeatedly cautioned against undertaking a roving inquiry into the pros and cons of the case by weighing the evidence or collecting the material during the course of trial. Having examined all the details of the documents sought to be produced by the petitioner, I do not see any relevancy or necessity of any of the record sought to be produced at the stage of prosecution evidence. In view of my foregoing decision, I am of the considered view that this petition is nothing but a frivolous one and is another design of delaying the trial and to waste the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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