High Court set aside the impugned order of the trial Magistrate who de-exhibited documents produced by the complainant. The Court held no legal provision exists for de-exhibiting documents and such matters must be decided at trial conclusion regarding proof.
Impugned order dated 13.07.2011 de-exhibiting documents is set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Criminal Misc.No.M-23191 of 2011
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc.No.M-23191 of 2011
Date of Decision:19.03.2012
Chaman Lal Chopra ......Petitioner
Versus
State of Punjab and others .....Respondents
CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR.
Present: Ms.Aparna Jain, Advocate, for the petitioner.
Mr.Jasdev Singh Brar, Assistant Advocate General, Punjab, for respondent No.1-State.
Nemo for respondent Nos.2 to 4.
Mr.Vipender Prashar, Advocate, for respondent Nos.5 and 6.
MEHINDER SINGH SULLAR, J.(oral)
The crux of the facts, culminating in the commencement, relevant for disposal of the present petition and oozing out from the record is that, during the course of trial of the case in question, the prosecution examined complainant PW1Chaman Lal Chopra on 18.10.2010, who proved the documents(Exhibits PW1/55 to PW1/61) in his statement(Annexure P-1), which became the part of the record. Subsequently, the Judicial Magistrate Ist Class, observed that since the above-said documents were exhibited, without complying with the provisions of law, so, the Court de-exhibited the documents, by virtue of impugned order dated 13.07.2011 (Annexure P-2).
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Criminal Misc.No.M-23191 of 2011
Criminal Misc.No.M-23191 of 2011
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impugned order(Annexure P-2) is accordingly set aside.
conclusion of trial of the main case.
March 19, 2012 ( M EHINDER S INGH S ULLAR) seema JUDGE
2 issues framed by the court
Whether there is any legal provision to de-exhibit documents exhibited by the complainant under Section 313 Cr.P.C. during trial.
Whether the order of the Judicial Magistrate I Class de-exhibiting documents violated settled principles of law and procedural due process.
2 provisions across 1 enactments
Chaman Lal Chopra
State of Punjab
MEHINDER SINGH SULLAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
