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SCR.A/165/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 165 of 2010
=======================================================
NIEL
PHILIP CHRISTIAN - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=======================================================
Appearance :
MR
GIRISH M DAS for Applicant(s) : 1,
MR KP RAVAL APP for
Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 05/02/2010
ORAL
ORDER
The
petitioner is an accused in a complaint filed by the respondent no.3.
The petitioner has prayed that the Court should direct the
Investigating Officer to recover and collect the copies of the
document mentioned at Annexure-A and only thereafter to proceed
further with the investigation in connection with the said criminal
case. Though not specifically prayed in the petition, learned counsel
for the petitioner submitted that in the alternative, the
Investigating Agency be directed to follow the procedure laid down in
Section 91 of the Code of Criminal Procedure.
No
provision has been pointed out to me under the Code of Criminal
Procedure or no any other Law, which permits the accused to insist
that he may be supplied such documents from the complainant before he
can be interrogated or before the Investigating Officer can proceed
further with the investigation.
Reference
to Section 91 of the Code of Criminal Procedure is wholly
misconceived. It relates to the discretionary powers of the Court or
the Officer investigating into an offence to call for documents, if
found relevant.
No
case is made out. This petition is dismissed.
(AKIL
KURESHI,J.)
/patil
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