THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12298 of 2011 ORDER: Petitioners approached this Court invoking the provisions under Section 482 Cr.P.C. challenging the order, dated 16.11.2011 in Crl.M.P.No.1092 of 2011 in C.C.No.68 of 2007 on the ﬁle of the Special Judge, SPE & ACB Cases at Vijayawada. 2. Heard both sides. 3. The point raised for consideration is after examination of witnesses, when the case is posted for 313 Cr.P.C. examination, the prosecution ﬁled an application to call for documents by invoking the provision under Section 91 Cr.,P.C. The learned trial Judge passed an order allowing the prosecution to summon the documents and to produce the same before the concerned Court. Aggrieved over the said order, the present petition is filed. 4. Learned counsel for the petitioners submitted that when a document is directed to be called for by invoking the provisions under Section 91 Cr.P.C., the learned trial Judge has to decide whether the said documents are relevant or not. But, whereas without considering the relevancy of the said documents, the learned Special Judge ordered for production of the same. In the order impugned, the learned Special Judge observed as follows: “Whether the documents summoned are required by the prosecution is necessary to prove the prosecution case or not can be decided at the time of judgment. Whether the documents required is relevant for the purpose of case or whether those documents can be proved through the District Registrar or not can be decided. Proof, relevancy and admissibility of the documents can be decided at the time of judgment.” 5. As rightly pointed out by the learned counsel for the petitioners, the learned trial Judge should have to decide ﬁrst whether the documents summoned by the respondent herein are relevant or not. Hence, without deciding the relevancy of the documents, the Court should not have passed the order. Hence, the order passed by the learned Special Judge for SPE & ACB Cases, Vijayawada in Crl.M.P.No.1092 of 2011 in C.C.No.68 of 2007 is hereby set aside. The learned Special Judge is at liberty to pass the order afresh after considering the fact whether the documents to be produced are relevant or required to be marked and whether the concerned oﬃcer has to depose before the Court regarding the said documents. 6. With the above observation, the Criminal Petition is disposed of. Miscellaneous petitions ﬁled along with the Criminal Petition, if any, shall stand closed. __________________ JUSTICE RAJA ELANGO 30th November 2011, Rns.