Kumarayya, J.

[1] This reference is directed against the order of the Sub-Divisional Magistrate, Kovvur refusing to receive certain documents sought to be filed by the prosecution, the copies of which were not furnished to the accused before the commencement of the enquiry. The accused is an Executive Officer of Sri Venugopala Swamy Temple, Gokavaram and he was charged with an offence under Section 409, Penal Code, in relation to som6 amounts collected from the tenants of the temple.

The enquiry was started on a police report under Section 251-A, Criminal Procedure Code and a charge was framed under Section 409, Penal Code. The accused having pleaded not guilty eight witnesses were examined by the prosecution. When P.W. 9 was being examined, the prosecution sought to exhibit some registered notices alleged to have been issued by the accused to the tenants of the temple and also the replies given by some of the tenants. These are the documents, the copies of which were not supplied to the accused before the commencement of the enquiry.

The accused objected that such documents are not admissible in law at that stage. The prosecution's reply to this was that the provisions o