High CourtsSINGLE BENCH(2017) 08 RAJ CK 0058

Om Prakash Lakshykar S/o Late Shri Mahadev Prasad vs State Of Rajasthan

Rajasthan High Court · Decided on 23 August 2017

HON’BLE JUDGES
Sabina
CASE NUMBER
767 of 2015

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Judgment

19 paragraphs · 175 words
1.

Petitioner has filed this petition under Section 482 Code of

Criminal Procedure 1973 challenging the orders dated 05.12.2014

whereby application under Section 91 Cr. P.C. was dismissed by

the Trial Court.

2.

I have heard learned counsel for the petitioner and have

gone through the record available on the file carefully.

3.

Petitioner is facing trial under Section 498A and 406 of

Indian Penal Code, 1860. During trial, petitioner moved an

application under Section 91 of Cr. P.C. for permission to produce on record letters written by respondent No.2. Application moved

by the petitioner was dismissed by the Trial Court on the ground

that at this stage the case was pending for prosecution evidence.

Petitioner could put questions to the complainant with regard to

the letters in her cross-examination.

4.

In these circumstances, the learned Trial Court had rightly

dismissed the application moved by the petitioner under Section

91 Cr. P.C. No ground for inteference by this Court while exercising

the jurisdiction under Section 482 Code of Criminal Procedure,

1973 is made out.

Dismissed.