ALAGESAN Vs. STATE

JUDGEMENT

(1.) THE revision is filed challenging the order of dismissal passed by the learned Principal Sessions Judge, Thiruvallur in Crl.M.P.No.1940 of 2007 filed under section 91 of the Code of Criminal Procedure.

(2.) THE petitioners are the accused in a case of major offence of murder. During the pendency of the trial, the petitioners filed an application under section 91 of the Code of Criminal Procedure to summon as many as five documents from the respondent.

(3.) IN the counter, the respondent police has contended that the petition has been filed at a belated stage. The case of murder which was committed in the year 2006 is still pending disposal. The present petition was filed after examination of the material witnesses. The vexatious petition has been filed just to delay the criminal proceedings with a view to defeat the ends of justice. The petitioners are not entitled to summon the case diaries of the present case and the counter case and the general diary of the present case. As far as the proceedings under section 107 of the Code of Criminal Procedure initiated by the Executive Magistrate is concerned, the petitioners would have been supplied with those documents by the Executive Magistrate. As far as the copy of the accident register of the deceased Thirupathi and the wound certificate and case sheet of A2, A3, A4 and Parimala, the same have already been supplied even during the year 2003 under section 207 of the Code of Criminal Procedure by the committal court. Therefore, the respondent would contend that the petition is not sustainable.