- (1.) By this petition, a challenge is made to the order dated 19.06.2007, whereby a direction was given for production of pre-charge evidence.
(2.) Learned counsel submits that an FIR was registered followed by investigation. The Police submitted negative final report after investigation. The petitioner filed protest petition against negative final report. The statements of witnesses were recorded under Sections 200 & 202 Cr.P.C. followed by an order of cognisance. The case was committed and kept for framing of the charges. The case was adjourned at one stage but vide impugned order, a direction was issued for production of pre-charge evidence. It is by referring Section 244 Cr.P.C. The aforesaid provision applies only in the complaint cases and not in the case initiated on FIR. In view of above, the court below wrongly applied Section 244 Cr.P.C.
(3.) It is further stated that the case was fixed for framing of the charges but by the impugned order, it was reviewed having no authority of the court below as per provisions of Cr.P.C. For the aforesaid reasons also, the impugned order deserves to be set aside.;