M.Cr.C. No. 2699/10
31.05.2010
Shri S.K. Pathak, learned counsel for the applicant.
Shri Ajay Tamrakar, learned PL for the respondent-State.
Heard on IA No. 8580/10, applicant’s application for urgent
hearing of this petition during summer vacation.
For the reasons stated in it, the same is allowed and the petition
is taken up for admission.
Heard on the question of admission.
Applicant – accused has preferred this petition under Section 482
of Cr.P.C. being aggrieved by the order dated 25.2.10 passed by
Sessions Judge, Satna in Criminal Revision No. 33/10 dismissing the
revision by affirming the order dated 2.2.2010 passed by the Judicial
Magistrate Ist Class, Satna in Criminal Case No. 3713/08 dismissing his
application to produce some additional documents in his defence.
In the course of arguments in view of available papers on record,
on making some query regarding maintainability of such petition,
applicant’s counsel seeks permission to withdraw this petition with
liberty to raise the grounds, stated in the petition subject to decision of
the trial court on arising the occasion in duly constituted appeal with a
further prayer permitting the applicant to file certified copy of the
judgment dated 26.8.03 passed by the Judicial Magistrate, Ist Class,
Satna in Criminal Case No. 1545/02 in his defence before the trial
court.
Considering his prayer, the petition is dismissed as withdrawn
with liberty aforesaid to raise the grounds stated in the petition subject
to decision of the trial court on arising the occasion in duly constituted
appeal before the appellate court.
However, taking into consideration that the aforesaid judgment
dated 26.8.03 is falling under the category of public document and the
same could be taken into consideration by any court without examining
any witnesses or marking the exhibit on record, hence applicant is
permitted to produce such judgment before the trial court and the trial
court is directed to take such judgment into consideration in accordance
with law while deciding the impugned criminal case.
At this juncture, applicant’s counsel prayed for returning certified
copy of this judgment dated 26.8.03 from the record of this petition to
file the same before the trial court. Considering such prayer office is
directed that on submitting a photocopy of such judgment, the original
copy be given to the applicant’s counsel enabling him to file the same
before the trial court.
The petition is dismissed as withdrawn with aforesaid
observation.
C c as per rules.
( U.C. Maheshwari )
bks Vacation Judge