The present petition has been filed by the petitioner under Articles 14, 226 and 227 of the Constitution of India for the prayer that respondents Nos. 2 and 3 may be directed to produce the report, statement and certificate which are said to have been collected by them on the record of the Sessions Case No. 2/2007 and 35/2007 pending before the Sessions Judge, Amreli, in connection with C.R. No. I-147/2004 registered with Amreli City Police Station on the grounds stated in the petition.
2. Heard learned advocate Mr. Saiyed for the petitioner. He has referred to the papers including Annexure-A and tried to submit that as it appears from the certificate, when the offence occurred the petitioner-accused was not present as he was on duty. It is therefore stated that the present petition may be allowed.
3. The submission, therefore, appears to be that a direction should be issued in a pending Sessions Case before the Sessions Court, Amreli, that a particular document may be directed to be produced for the purpose of defence in exercise of the inherent jurisdiction under Art. 482 of CrPC or extra-ordinary jurisdiction under Articles 226 and 227 of the Constitution of India.
4. It is required to be mentioned that what the petitioner-accused desires is some document to support his plea of alibi and it is in the nature of his defence. Therefore, the Criminal Procedure Code which is providing for a procedure at different stages in connection with such a trial is self-contained Code and there is provision like sec. 311 of CrPC which can be resorted to before the competent Sessions Court. If the petitioner-accused desires to have some document for the purpose of defence, he can accordingly take appropriate steps in the Sessions Case itself before the Sessions Court as provided in the CrPC, including an application under sec. 311 of CrPC. As and when such an application is made, it would be considered on its own merits and it is a matter with regard to the defence of alibi which cannot be entertained in this proceedings at this stage. If the petitioner desires that it should be produced at the initial stage, he can also make necessary application which could be considered by the Sessions Court on merits after hearing all concerned.
5. Therefore, this Court cannot entertain such application for the purpose of defence of the accused in exercise of either the extra-ordinary jurisdiction under Articles 226 and 227 of the Constitution of India or the inherent jurisdiction under Art. 482 of CrPC when there is a specific procedure and the provision made in CrPC.
6. The present petition, therefore, deserves to be rejected and accordingly stands rejected in limine.
(Rajesh H. Shukla, J.) (hn) Top