1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.261 OF 2007 APPLICATION NO.261 OF 2007 APPLICATION NO.261 OF 2007 Harinarayan Harinarayan Harinarayan G.Bajaj G.Bajaj G.Bajaj ...... Applicant Applicant Applicant vs vs vs The The The State of Maharashtra & ors .. Respondents State of Maharashtra & ors .. Respondents State of Maharashtra & ors .. Respondents Mr.Vivek Mr.Vivek Mr.Vivek Sharma for Applicant Sharma for Applicant Sharma for Applicant Mr.G.B.Kedia Mr.G.B.Kedia Mr.G.B.Kedia for Respondent for Respondent for Respondent nos. 2,3 & 4. nos. 2,3 & 4. nos. 2,3 & 4. Ms.P.P.Shinde Ms.P.P.Shinde Ms.P.P.Shinde APP for State APP for State APP for State CORAM: CORAM: CORAM: R.S.Mohite, J R.S.Mohite, J R.S.Mohite, J DATED: DATED: DATED: 10th March, 2008 10th March, 2008 10th March, 2008 P.C. P.C. P.C. 1.1.1. This is an application challenging the order This is an application challenging the order This is an application challenging the order passed passed passed by the Additional Chief Metropolitan by the Additional Chief Metropolitan by the Additional Chief Metropolitan Magistrate, Magistrate, Magistrate, 40th Court, Girgaum, Mumbai allowing an 40th Court, Girgaum, Mumbai allowing an 40th Court, Girgaum, Mumbai allowing an application application application under section 91 of the Cr.P.C. The under section 91 of the Cr.P.C. The under section 91 of the Cr.P.C. The accused accused accused in this case,prior to framing of the charge in this case,prior to framing of the charge in this case,prior to framing of the charge had had had sought summons under section 91 of the Cr.P.C. sought summons under section 91 of the Cr.P.C. sought summons under section 91 of the Cr.P.C. for for for production of 6 documents from Sesa Goa Ltd production of 6 documents from Sesa Goa Ltd production of 6 documents from Sesa Goa Ltd which which which Company was not connected with the trial. Company was not connected with the trial. Company was not connected with the trial. This This This application application application was allowed on 29th December, 2006. was allowed on 29th December, 2006. was allowed on 29th December, 2006. Both Both Both the counsel agree that after passing of the the counsel agree that after passing of the the counsel agree that after passing of the 2 order order order and in respect of the four documents, the and in respect of the four documents, the and in respect of the four documents, the company company company through their advocate appeared and made a through their advocate appeared and made a through their advocate appeared and made a statement statement statement that the documents are not available with that the documents are not available with that the documents are not available with the the the Company. Advocate for the applicant relies upon Company. Advocate for the applicant relies upon Company. Advocate for the applicant relies upon the the the judgment of the Apex Court reported in AIR 2000 judgment of the Apex Court reported in AIR 2000 judgment of the Apex Court reported in AIR 2000 SUPREME SUPREME SUPREME COURT COURT COURT 359 (State of Orissa v. Debendra Nath 359 (State of Orissa v. Debendra Nath 359 (State of Orissa v. Debendra Nath Padhi)in Padhi)in Padhi)in which which which case the Court has held that an order case the Court has held that an order case the Court has held that an order under under under section section section 91 Cr.P.C. should not be passed prior 91 Cr.P.C. should not be passed prior 91 Cr.P.C. should not be passed prior toto to framing of the charge. Both the counsel agree framing of the charge. Both the counsel agree framing of the charge. Both the counsel agree that that that in the present case the charge has already been in the present case the charge has already been in the present case the charge has already been framed. framed. framed. 2.2.2. In the circumstances, it is directed that the In the circumstances, it is directed that the In the circumstances, it is directed that the documents documents documents produced may only be proved,if not already produced may only be proved,if not already produced may only be proved,if not already exhibited exhibited exhibited at the stage of trial. at the stage of trial. at the stage of trial. Application Application Application is disposed of as nothing survives at is disposed of as nothing survives at is disposed of as nothing survives at this this this stage. stage. stage. (R.S.Mohite, (R.S.Mohite, (R.S.Mohite, J) J) J) 3