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2016 Supreme(Chh) 93

P.SAM KOSHY
Surendra Gupta Alias Somaru S/o Late Ramdeo Gupta – Appellant
Versus
State of Chhattisgarh, through Police Station, Lundra – Respondent


Advocates Appeared:
For the Petitioner: Mr. Rakesh Pandey.
For the Respondent: Ms. S. Ghai.

ORDER :

P. Sam Koshy, J.

1. The present Revision has been preferred challenging order dated 12.05.2015 passed by the Learned Sixth Additional Sessions Judge, Ambikapur in Sessions Trial No. 134/2014 whereby the Court below has dismissed the application filed by the Applicant under Section 91 of Cr. P.C.

2. The facts in brief in the present case is that the Applicant is an accused under Sections 304-B, 498-A and 306 I.P.C. He had moved an application under Section 91 of Cr. P.C. before the Trial Court calling for documents i.e. Merg Diary of Merg No. 33/2013 registered at Police Station Lundra, District - Surguja which according to him is a relevant document and is an important piece of evidence for his defence. The Court below has rejected the same on the ground that the said document has no relevance in connection with the charge levelled against the Applicant. He prays that the said document will not cause prejudice to the case of the prosecution in case if the document is called and placed along with the record. But if the document is of some advantage to the Applicant to be used as his defence it can not be opposed by the prosecution.

3. Learned State Counsel however opposes the ap











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