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Niel vs State

High Court Of Gujarat|12 January, 2012

JUDGMENT / ORDER

The petitioner is an accused in a complaint filed by the respondent no.3. The petitioner has prayed that the Court should direct the Investigating Officer to recover and collect the copies of the document mentioned at Annexure-A and only thereafter to proceed further with the investigation in connection with the said criminal case. Though not specifically prayed in the petition, learned counsel for the petitioner submitted that in the alternative, the Investigating Agency be directed to follow the procedure laid down in Section 91 of the Code of Criminal Procedure.
No provision has been pointed out to me under the Code of Criminal Procedure or no any other Law, which permits the accused to insist that he may be supplied such documents from the complainant before he can be interrogated or before the Investigating Officer can proceed further with the investigation.
Reference to Section 91 of the Code of Criminal Procedure is wholly misconceived. It relates to the discretionary powers of the Court or the Officer investigating into an offence to call for documents, if found relevant.
No case is made out. This petition is dismissed.
(AKIL KURESHI,J.) /patil Top
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Title

Niel vs State

Court

High Court Of Gujarat

JudgmentDate
12 January, 2012