9911796707
TMI Blog2018 (1) TMI 1700X X X X Extracts X X X X X X X X Extracts X X X X ..... ner has preferred the instant application. The operative part of the order under challenge reads as follows: " The petition dated 24/4/2008 filed by the complainant is disposed of on contest with the direction that the complainant is to submit Form(M) 21 of Criminal Rules and Order along with the documents to be produced at the time of recording evidence under Section 244 Cr.P.C. and supply the copies of document, if not supplied already, to each of the accused. To 7/2/2009 for further evidence of P.W. 1." It appears from the order impugned that in course of the complainant's evidence before charge, when some documents were sought to be exhibited, objection was raised by the accused on the ground that copies ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the petitioner, whether the complainant files a firisti of documents or not, the Court is obliged to take all such evidence as may be produced by the complainant and no rule of procedure can infringe such liberty except that of relevancy and admissibility. It has been canvassed that there is no legal obligation upon the petitioner to supply copies of documents to the accused who can apply for certified copies of the documents after they are admitted in evidence. To buttress his argument Mr. Dastoor placed reliance upon the following decisions: 1. AIR 1970 Supreme Court 962 (The Assistant Collector of Customs, Bombay and another Versus L. R. Melwani and another) 2. 1970 Cri.LJ 553 (Municipal Committee, Amritsar through its Executive O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l be included in a list. Learned counsel for the opposite party no.2 argued that it is a requirement of natural justice and fair trial that copies of the documents sought to be tendered in evidence should be supplied to the accused to enable him to effectively cross- examine the witness. Mr. Mukherjee sought to impress that trial will be inordinately delayed if the accused applied for certified copies of the documents after they are exhibited. Referring to Rule 154 of The Calcutta High Court Criminal (Subordinate Courts) Rules, 1985 learned counsel for the opposite party contended that the aforesaid Rule mandates that all documents filed in court by a party or witness shall be accompanied by a list in Form (M) 21. It has been argued that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n in support thereof. True it is that there is no express prohibition in the Code in the matter of supply of copies of documents in complaint cases but such a prohibition must be held to have been intended by the Legislature by reason of introduction of Section 251A in the old Code in cases instituted on a police report and absence of a similar provision in relation to cases instituted on private complaints. In L.R. Melwani's case(supra) the Supreme Court held that the provisions of Section 173 were attracted only in a case investigated by a police Officer under chapter XIV of the Criminal Procedure Code followed up by a final report under Section 173 Cr.P.C. Before the Criminal Procedure Code was amended by the Amendment Act of 1955 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny precedent or authority. In this context it is significant to refer to the observation of the Supreme Court in the case of Union of India Versus Col J.N. Sinha and another reported in 1970(2) Supreme Court Cases 458 which is as follows: "It is true that if a statutory provision can be read consistently with the principles of natural justice, the courts should do so because it must be presumed that the Legislatures and statutory authorities intend to act in accordance with the principles of natural justice. But if on the other hand a statutory provision either specifically or by necessary implication excludes the application of any or all the principles of natural justice then the court cannot ignore the mandate of the Legislature or the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the opposite party No. 2 is of no avail. Section 294 Cr.P.C. reads as follows: " 294. No formal proof of certain documents---(1) where any document in filed before any Court by the prosecution or the accused, the particulars of every such document shall be included in a list and the prosecution or the accused, as the case may be, or the pleader for the prosecution or the accused, if any, shall be called upon to admit or deny the genuineness of each such document. (2) the list of documents shall be in such form as may be prescribed by the State Government. (3) Where the genuineness of any document is not disputed, such document may be read in evidence in any inquiry, trial or other proceeding under this Code without proof of the sig ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
