- (1.) By means of the present petition under section 482 Code of Criminal Procedure (for short Cr.P.C.), the petitioners have prayed for quashing of the order impugned dated 17.4.2007 passed by the Chief Judicial Magistrate, Sitapur in Criminal Case No. 98 of 2008 arising out of case crime no. 537 of 2004 P.S. Khairabad, District Sitapur, whereby the application moved under section 207 Cr.P.C. has been rejected holding that before committal of case there is no provision for inspection by to accused of the car in question.
(2.) Petitioners are accused persons in Criminal Misc. Case No. 537 of 2004, under Sections 302,307 I.P.C., P.S. Khairabad (State Vs. Udai Raj Singh and others). They moved application under section 207 Cr.P.C. before learned Chief Judicial Magistrate, Sitapur praying therein that they may be allowed to inspect the Maruti car which have marks of firing and presently in supurdagi (interim Custody) of deceased's wife under the order of the learned Magistrate dated 24.3.2005 with conditions that as and when the car is required, the same shall be produced in court by her on its own expenditure and during pendency of the case she shall neither sale out nor transfer the car to anyone nor change the shape of the car. The possibility can not be ruled out that there might be difference in between exact position marks on the car and documents furnished in this regard. So, they may be permitted to inspect the car in question before committal of case.
(3.) The learned Magistrate after hearing the submissions rejected the application moved under section 207 Cr.P.C by impugned order holding therein that there is no provision under Section 207 Cr.P.C. for inspection of car in question by the accused persons before committal of case. It is a question of evidence and if needed by the trial court the car may be produced by the prosecution.;