Single-judge oral order dismissing a criminal miscellaneous petition challenging a trial court's exercise of discretion to summon documents for signature comparison under Section 311 Cr.P.C.
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Criminal Misc. No. M-10461 of 2009
1
In the High Court of Punjab and Haryana, at Chandigarh.
Criminal Misc. No. M-10461 of 2009
Date of Decision: 22.4.2009
Mohan Singh and Others
…Petitioners
Versus
State of Punjab and Another
…Respondents
CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. G.S. Sandhawalia, Advocate for the petitioners.
Kanwaljit Singh Ahluwalia, J. (Oral)
The present petition has been filed under Section 482 Cr.P.C. seeking quashing of order dated 14.11.2008 (Annexure P12) passed by the Chief Judicial Magistrate, Jalandhar, in case FIR NO. 85 dated 4.6.1998 registered at Police Station Division No.4, Jalandhar, under Sections 420, 465, 467, 471, 468 & 506 IPC.
The trial Court has exercised discretion validly in summoning some documents for comparison of signatures by the Handwriting Expert. It has come in evidence that earlier passport which was given for comparison was destroyed and record is also not available in the passport office.
The journey of the Court is to arrive at truth. Therefore, the Court can invoke Section 311 Cr.P.C.
Criminal Misc. No. M-10461 of 2009
2
Counsel for the petitioner has submitted that Section 311 Cr.P.C. restricts the power of Court only regarding examination/reexamination of the witnesses and documents cannot be called under Section 311 Cr.P.C.
For examination of witnesses, if documents are required, Section 91 Cr.P.C. can be invoked in aid of Section 311 Cr.P.C. Therefore, it cannot be said that when person is to be examined as a Court Witness then the documents cannot be summoned by the Court under Section 91 Cr.P.C. or a separate order is to be passed to that effect.
There is no merit in the present petition and even otherwise, no exceptional circumstances have been stated to interfere in the discretion validly exercised by the trial Court.
Dismissed.
(Kanwaljit Singh Ahluwalia) Judge
April 22, 2009 “ DK ”
1 issue framed by the court
Whether documents may be summoned under Section 311 Cr.P.C. if Section 91 Cr.P.C. is invoked for witness examination.
2 provisions across 1 enactments
Mohan Singh and Others
State of Punjab and Another
Kanwaljit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
