- (1.) This revisional application is against an order dated 9.9.98 passed by the learned Sub-Divisional Judicial Magistrate, Uluberia in connection with G.R. Case No. 118 of 1998 arising out Bagnan P.S. Case No. 11/88 dated 23.3.88 under sections 465/467/471/420 of the Indian Penal Code.
(2.) The present petitioner was put up on trial before the learned Sub- Divisional Judicial Magistrate, Uluberia to meet charges under sections 465/467/471/420 of the Indian Penal Code. In course of trial the learned A.P.P. in charge of the case filed an application before the learned Magistrate stating that he would rely on certain documents to establish the prosecution case and he prayed for permission of the Court to supply those documents to the defence. The accused/petitioner filed a written objection against the said petition filed on behalf of the prosecution. In the said written objection it was stated that if the prosecution is allowed to relying upon such documents at that stage the accused/petitioner would be seriously prejudiced. It was further stated in the said objection that if the prosecution is allowed to rely on such documents at a stage when some of the witnesses have been examined and cross-examined, the defence will be deprived of its cross-examining of the witnesses who have already been examined and discharged.
(3.) After hearing the parties the learned Magistrate allowed the prayer of the prosecution to rely on those documents and directed the learned A.P.P. to supply the copies of documents to the accused by the next date fixed. The learned Magistrate also granted liberty to the accused to further cross- examine the witnesses who have already been examined and discharged, with reference to the said documents.;