ORDER

1. Special leave granted.

2. The accused Umesh Kumar, after his statement was recorded under Section 313 of the Code of Criminal Procedure, expressed his desire to be examined as a defence witness. He gave an application in that behalf which was allowed by the learned Additional Sessions Judge, Hindon. At the fag end of his evidence, he desired to produce certain documents but the learned Judge did not permit him to do so and rejected his application for production. Against the said order, he approached the High Court under Section 482 of the Code and the High Court refused to exercise jurisdiction and hence this appeal by special leave.

3. We have heard the learned counsel for the appellant as well as the State of Rajasthan. Once the Court allowed the application of the accused to be examined as a defence witness and commenced recording of his evidence, we fail to appreciate why he was not allowed to produce the documents on which he desired to rely. Merely because he did not produce the documents before his evidence was recorded is no reason why once the Court permitted him to step into the witness-box he was denied the opportunity to produce the documents on which he desir