D.N.JOSHI, J. - (1.) THE instant criminal miscellaneous petition has been filed under Section 482 Cr.P.C. against the order of learned Additional Sessions Judge, Bhilwara dated 28.10.1995 passed in Criminal Sessions Case No. 180/93, by which the application filed by the petitioner dated 22nd March, 1995 for supply of certain documents and statements filed with the charge -sheet was rejected.
(2.) HEARD Mr. Sunil Mehta, learned Counsel for the petitioner and Mr. D.D. Kalla, learned Public Prosecutor for the State. The petitioners wanted the supply of following documents: (1) photo stat copies of the letters, which were produced by the petitioners during investigation (though, the originals are with them) to show that the letters are not after -thought. (2) the letters written to Forensic Science Laboratory for removing the defects pointed out by the laboratory. (3) the letters written to the witnesses by the Dy. Superintendent of Police, Gulabpura in case of non -turning of the witnesses despite their service. (4) the statements recorded under Section 174 of Cr.P.C. during inquiry of the witnesses Madanlal, Kanchan Bai, Gyan Mal, Anu Devi, Rajendra Kumar and Rakesh Kumar.
(3.) THE learned Counsel for the petitioner submitted that under Section 91 Cr.P.C., these documents are relevant for the purpose of framing charge against the accused -persons. As per his argument, hearing also includes consideration of document, which is to be filed or to be relied by the accused petitioners. Therefore, to convince the learned trial Court that no charge could be framed against them, the summoning of the above documents under Section 91 of Cr.P.C. at the time of framing charge is necessary. Therefore, the petition be allowed and the prosecution be directed to produce the above mentioned documents.;