The court clarified the limitations of the provisions of Section 311 Cr.P.C. and Section 242(2) Cr.P.C. in allowing the prosecution to produce documents after witnesses were examined during the trial.

P.K. Musahary, J.

1. Heard Mr. M. Kar Bhowmik, learned Sr. Counsel appearing for the petitioner and Mr. P.K. Biswas, learned Counsel for the respondent No. 1. Also heard Mr. R. C. Debnath, learned P. P. In-charge appearing for the State/respondent No. 2.

2. The petitioner who is the manager and constituted attorney of Ms. Radiohms Agencies filed a written complaint against the accused respondent No. 1 before the Court of the Chief Judicial Magistrate, West Tripura, Agartala alleging misappropriation of value of goods amounting to Rs. 1,80,637.28 during the tenure of the accused as one of the employees of Radiohms Agencies which was forwarded to the police for registering the same as FIR. Eventually a case being G.R. 999/96 under Section 406/420 IPC was registered and after completion of investigation, charge was framed under Section 408/420 IPC. Trial was commenced in the Court of learned Additional CJ. M, West Tripura, Agartala.

3. During the trial, the petitioner complainant engaged his Counsel to assist the prosecution as per law. The prosecution examined P.W. 1 to 5 on different dates. The petitioner was examined as P.W. 6 on 24.1.2000. Thereafter, the petitioner filed an application on 18.3.2000 praying for calling of certain documents from the possession of the petitioner himself, as the same are required for the purpose of proving the charges, and also for issuing summons for the same.

4. The learned Additional C.J. M., West Tripura, Agartala after hearing the parties rejected the said prayer by an order-dated 27.3.2000. Against the said order of rejection, the petitioner preferred a revision petition under Section 397 and 399 Cr.P.C. before the learned Sessions Judge, West Tripura, Agartala which was registered as Cr. Rev. No. 23(2)/2000 for setting aside the Additional C.J.M's order dated 27.3.2000. The learned Additional Sessions Judge (Court No. 3), West Tripura, Agartala after hearing the parties passed a judgment on 4.5.2001 rejecting the aforesaid revision petition. Being aggrieved, the present Crl. misc. case has been preferred by the petitioner for quashing both the impugned order dated 27.3.2000 passed by the learned Additional C.J.M., West Tripura and the judgment dated 4.5.2001 rendered by the learned Additional Sessions Judge, West Tripura, Agartala.

5. In his application filed before the learned Additional C.J.M., West Tripura, Agartala, the petitioner sought to call the following documents:

1. Stock Register Book in respect of Transactions during 1st to 31st 95 in respect of transactions of Agartala Depot of M/s Raidiohms Agencies.

2. Sales Register book in respect of Transactions during 1st to 31st December 95 in respect of sales through Agartala Depot of M/s Radiohms Agencies.

3. Debtors Accounts book in respect of Transactions during 1st to 31st December 95 in respect of Debts of Agartala Depot of M/s Radiohms Agencies.

4. Main ledger book containing the records of transaction for the financial year commencing from April 1995 to March 1996 of Agartala Depot of M/s Radiohms Agencies.

6. These documents are admittedly under the possession/custody of the petitioner, but there was no explanation from his side why the said documents could not be produced before trial commenced or at the time of examining himself as P.W. 6.

7. Mr. Kar Bhowmik, learned senior Counsel for the petitioner submits that under the provisions of Section 311 Cr.P.C., the Court has the power to summon material witnesses at any stage of any enquiry, trial or other proceedings under the Code of Criminal Procedure and summon any person as witness or recall and re-examine any person already examined, if his evidence appears to be essential to the just decision of the case. He further submits that under the provision of 242 (2) Cr.P.C. the Magistrate may on the application of the prosecution issue summon to any of the witnesses directing him to attend or to produce any document or other things. The learned Magistrate as well as the learned Ad