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1963 (1) TMI 58

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....riminal Revision Case is, whether some additional documents could be adduced by a party in proceedings under Section 145, Cr. P. C, after the expiry of the time limit fixed by the Magistrate. The question arises in the following circumstances. 2. The petitioners herein, shown as respondents 4 and 5 in the lower Court, were disputing the possession of an oil mill, the other contending party being ....

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....ed to accept the petition. On revision, the learned Sessions Judge, Mahsboobnagar, by his order dated 25th September, 1962, held that the Magistrate was justified in refusing to allow the application. He, however observed that the discretion was with the Magistrate to look into the defective affidavits filed by the petitioners as "statements" in the case. The revision is filed against th....

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....of the section also contemplates the fixing of a time limit for written statements and for documents and affidavits as well. The learned Magistrate, in my opinion, was justified in refusing to allow the petitioners to file additional documents at the stage when the case was posted by him for disposal. 4. However, In regard to the affidavits which had been filed along with the written statements, ....

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....It is no doubt true that there is no provision In the Criminal Procedure Code analogous to Civil Procedure, for filing of documents at a late stage, but having regard to the nature of the proceedings in the ends of justice such exercise of discretion cannot entirely be ruled out. The object of the imposing the time limit in section is to expedite the proceedings, and dispose of the claims so as to....