AI Structured Summary
Not yet generated for this judgment
Judgment
Thomas P. Joseph, J.—Petitioner, Principal General Manager of BSNL, Thiruvananthapuram was directed by the learned Judicial First Class Magistrate-II, Thiruvananthapuram to produce certain documents in connection with a case filed by the first Respondent against Respondents 2 and 3 for offence punishable under Sections 465, 467, 468, 471 and 420 read with Section 34 of the Indian Penal Code. On request of the first Respondent learned Magistrate issued summons to the Petitioner to produce attendance register for the relevant period. It appears that learned Magistrate issued warrant to the Petitioner for non-compliance with the said order. According to the Petitioner, the Divisional Engineer who is in custody of the document filed affidavit stating that the said document is missing. Learned Magistrate on 04.06.2011 ordered Petitioner to be present before him on 18.06.2011. That order is under challenge. Learned Counsel submitted that being a Senior Officer learned Magistrate ought not have summoned the Petitioner.
Admittedly there was a direction to the Petitioner to produce the document. His subordinate has filed an affidavit stating that the document summoned is missing. According to the Petitioner, the person in custody of the document has filed the affidavit. Learned Magistrate directed Petitioner to be present before him on 18.06.2011. It is also seen that warrant issued to the Petitioner was recalled subject to the condition of Petitioner appearing before the learned Magistrate. It is open to the Petitioner to appear before the learned Magistrate on the day specified and file affidavit stating whatever he has to say in connection with the document directed to be produced by him. I do not find reason to interfere with the impugned order. But I direct learned Magistrate to consider the affidavit that may be filed by the Petitioner or the affidavit that is already filed by the person who claimed to be in custody of the document and pass appropriate orders in that regard.
Writ Petition is closed with the above observation.