The petitioner is the 2nd accused in a prosecution for the offences punishable, inter alia, under Sec.409 of the IPC. Cognizance has been taken by the learned Magistrate on the basis of a final report submitted by the police after due investigation. When the matter was posted for trial, the Prosecutor in charge of the case filed certain documents to be received in evidence. These documents were not seized by the police in the course of investigation and was not referred to in the report under Sec.173 of the Cr.P.C. submitted by the Investigating Officer. The reception of the documents was opposed. But, by the impugned order, the learned Magistrate overruled the said objection and directed that the documents can be received in evidence as the documents "are essential for the just decision of the case and for the ends of justice". The petitioner claims to be aggrieved by the order.

2. The procedure that is to be followed is admittedly the one under Chapter XIX-A of the Cr.P.C. relating to warrant cases instituted on police report. Sec.242(3) of the Cr.P.C. stipulates below:

"(3) On the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced