- (1.) The petitioner, who is serving in the Army is facing trial for the offences punishable under sections 419, 420, 467, 468, 471 and 120B IPC in Cr.Case No.85/2006 pending in the Court of Additional Chief Judicial Metropolitan Magistrate (CBI Cases), Jodhpur Metropolitan (for short 'the trial court' hereinafter).
(2.) During the pendency of the trial, the petitioner moved an application under section 91 CrPC and prayed for summoning the relevant record from the Office of Brigadier/Commander 98 Artillery c/o 56APO pertaining to recommendation of Commander, 98Artillery Brigade on the case of fraudulent enrollment in respect of No.14439908W Gunner (General Duty) Shaitan Singh of 75 Medium Regiment (Basant River), the recommendation and annexed statements of witnesses and annexed index of daily report of investigation dated 17.09.2008 to dated 30.11.2008 and December, 2008, so also the statements of witnesses and the documents detailed in the index, before recording the statements of the investigating officer. The said application of the petitioner was rejected by the learned trial court vide order dated 23.03.2013, while observing that the charge-sheet against the petitioner was filed on 19.12.2005 and any departmental proceeding conducted after 19.12.2005 has no relevancy for the purpose of just decision of the trial and, therefore, there is no requirement of summoning the documents at the request of the petitioner. The learned trial court has also observed that the petitioner is free to produce the result of the departmental enquiry on his own. Being aggrieved with this, the petitioner filed a revision petition before the Additional Sessions Judge No.3,Jodhpur, which was dismissed by order dated 18.06.2013. The revisional court has observed that the petitioner has failed to disclose the object of summoning the said documents for the purpose of examination of PW.27 Vijay Singh, the Investigating Officer. Now being aggrieved with the orders dated 20.03.2013 and 18.06.2013, the petitioner has filed this criminal misc. petition under section 482 CrPC.
(3.) The learned Special Public Prosecutor Shri Panney Singh has informed the Court that the statement of PW.27 Vijay Singh has already been recorded, the defence evidence has also been concluded and the matter is fixed before the trial court for final hearing.;