The said documents were ultimately produced in 2002.
By order dated 27th August, 2001, the said application was allowed and the prosecution was directed to produce all the documents referred to in the statement of one Mr. P.K.R.K. Menon made on 24th February, 1993.
ALTAMAS KABIR,J. Leave granted.
In rejecting the said application, the learned Special Judge relied primarily on the decision of this Court in the case of Ratilal Bhanji Mithani vs. State of Maharashtra AIR 1979 SC 94 in which this Court had held that once a charge is framed, the Magistrate has numberpower under Section 227 or any other provision of the Code of Criminal Procedure to cancel such charge and to discharge the accused.
Thereafter, the appellant filed an application for re opening the proceedings and for discharge, which was rejected by the learned Special Judge by his order dated 1st April, 2006.
