ORDER :

1. Challenge in this petition is to order dated 24.05.2022, passed in Criminal Case No. 3666 of 2020, whereby learned Additional Chief Judicial Magistrate dismissed the application filed by petitioner under Section 91 of Cr.P.C.

2. Learned counsel for petitioner submits that a criminal case is pending consideration before Additional Chief Judicial Magistrate, Raipur against petitioner along with two others for offence under Section 294, 323, 506, 34 of the Indian Penal Code. During pendency of criminal proceeding, petitioner filed an application under Section 91 of Cr.P.C. for issuance of summons for production of document before the Court from the office of Superintendent of Police. He contended that with regard to the incident initially one enquiry was conducted, which was partial and therefore, appeal was filed before Senior Superintendent of Police, which came to be dismissed and the said report was essential for the decision of criminal proceeding. However, without considering the importance of document, leaned Court below dismissed the application only on the ground that the case is at the stage of framing of charge.

3. Learned State counsel opposes the submission of lea