IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17553 of 2010 BALESHWAR RAI S/O NATHUNI RAI, R/O VILLAGE MATHNAMAL, P.S. GORAUL, (KATAHARA O.P.), DISTRICT- VAISHALI. ……………… Petitioner Versus THE STATE OF BIHAR …………. Opposite Party ----------- 2. 13.01.2011 Heard the parties. The petitioner seeks quashing of the order dated 23.01.2010 passed by Ist Additional Sessions Judge (F.T.C.) Vaishali at Hajipur in Sesions Trial No. 223 of 2000, by which he has refused the application dated 5.9.2006 and 9.12.2009 for producing some documents under Section 294 Cr.P.C. The Trial Court has considered that in fact on an earlier occasion that court has refused calling for the said documents. On 16.9.2008 the petitioner/accused had approached the High Court but the prayer was disallowed and, therefore, the Trial Court declined to allow the prayer of the petitioner. Since undoubtedly the accused has a right to enter his defence at the relevant stage and, if, the court found that it is relevant for the just decision of the case, any document of the office the just decision of the court, the discretion lies that the Trial Court to allow or disallow such prayer. In view of such, the application is disposed of with a direction to the Trial Court to exercise its independent mind as to whether the document is essential for the just decision of the case. With these observations the application is disposed off. Fahad. ( Anjana Prakash, J. )