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Muraleedharan vs State Of Kerala on 7 April, 2025

2025:KER:30790 defence and the same cannot be refused, except for the specific reasons mentioned in Section 233. Needless to say that, in view of the binding precedents above referred, the right of the petitioner/accused to summon the General Diary cannot be negated. However, it is not proper or legal to summon those documents at the stage of Section 231 Cr.P.C. This Court notice that in Shiju P.T (supra) and in Crl.M.C.No.3880/2024, both, the right is sought to be enforced only at the stage of Section 233 Cr.P.C. There cannot be any quarrel that these documents are required only in support of the defence case; and not in anyway connected to the prosecution case, in respect of which evidence is supposed to be adduced at the stage of Section 231 Cr.P.C. If that be so, it will be more appropriate, legal and proper to relegate the petitioner/accused to exercise his right to summon these documents at the stage of the
Kerala High Court Cites 8 - Cited by 0 - Full Document
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