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Submitting of documents on affidavit (Criminal Law)

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This query is : Resolved


Author : B. Deb

Posted On 28 February 2012 at 23:58

Sir,
I would request you to kindly let me know if I can file my documents on Affidavit before a trial court in criminal cases. If yes, under which Act/provisions, etc.... etc.May be with SC citation, if any.

Plizz its urgent
Regards
B.Deb




Expert : Kirti Kar Tripathi

Posted On 29 February 2012 at 09:04

You can make those document as part of affidavit.



Expert : raj kumar makkad

Posted On 29 February 2012 at 09:20

Until you discloses your status in the mentioned case as of complainant or accused and the nature of the case whether this is a private complaint or a state case, none can reply you firmly.

Don't deem us astrologers.



Expert : Deepak Nair

Posted On 29 February 2012 at 10:31

Evidence can be submitted by way of affidavit.

But, for a clear answer, please clarify the queries of Mr.Rajkumar.



Expert : R.K Nanda

Posted On 29 February 2012 at 10:34




Dear Client,
you can file ur documents with list of
document in the court and not with affidavit.
Please feel free, if you require more advise, then contact me on Mobile Via Path Legal.

All the Best.

R.K.NANDA - ADVOCATE
DELHI HIGH COURT & SUPREME COURT OF INDIA






Expert : Shantilal Pandya

Posted On 29 February 2012 at 12:44

the documents can be filed even with or without affidavit but it will be subject to relevancy and proof the documents would not be read as evidence automatically



Expert : prabhakar singh

Posted On 29 February 2012 at 19:59

It is too much to ask without facts.

Documents if relevant to fact in issue in the case can be filed subject to formal proof of them,if required, even without affidavit for which no reference of any citation is needed.



Expert : Shonee Kapoor

Posted On 29 February 2012 at 20:02

Agreed with Ld. Makkad and Ld. Prabhakar Singh Ji.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com



Author : B. Deb

Posted On 29 February 2012 at 23:57

Thanks all for answering my queries....Sir, I have been impleaded as accused in a private complaint case not through police, U/s.498A/406 IPC I had filed all the relevant documents by affidavit on 28.2.2012 at Sub-Divisional Judicial Magistrate, No.2, Guwahati, but the court declined to accept my documents on affidavit and said there is no provisions or sections in Cr.P.C. to file documents on affidavit nor there is any SC ruling on it.And those documents are very much relevant to proof my innocence as per the date of occurances submitted by the complainant. After an argument with the court I declined to take back my affidavit/not press it, and requested the court to reject or admit it as per its discreation. Later, I find that the court had fixed 21.3.2012 for hearing on the affidavit filed by me.

I request experts to give me a legal solutions and not astrological predictions, plizzzz



Author : B. Deb

Posted On 01 March 2012 at 00:16

Documents I submitted are Flight tickets and certificate of travel issued by the airlines, exam admit card, etc... etc..

Fortunately, the date of occurances submitted by the complainant I was out of station, appearing exam, etc.
Date of occurances submitted by the complainant are (1).16.3.2008, at 2 p.m. I have tried to kill her by pressing her neck, but On 15.3.2008 and 16.3.2008 I had appeared civil service exams from 10 A.M. to 3.30 P.M. and my exam centre was 2 hrs away from my residence, (2). 16.4.2008, complainant submitted that I along with my mother and late father had beaten her up and forced her to leave my house for Rs.1,00,000/- but on 16.4.2008 i along with my friend left for Imphal by IndiGo Flight at 8.25 A.M. and then at 2.05 p.m left Imphal for Kolkatta on the same date, (3).On 29.4.2008 complainant came to my residence with her dangerous mother and collected all the gold ornaments received from both sides at the time of marriage and had also voluntarily signed on a paper as acknowledgment in presence of 2 witnesses both ladies and retired govt. servants, one of them is her relative. But, as per the complaint I had beaten her mother and her also chased them from my house.
I have been suffering for the past 5 years..... I find the court is also inclined to the complainant's side..... Inspite of my lawyer defeating her and her witnesses the court is not ready to discharge me.... so just before my deposition begains I submitted all the documents by affidavit as per my lawyers advice but the court declined to accept it and said that that there is no sections or provisions in cr.p.c. nor any SC ruling for submitting documents on affidavit.



Expert : Deepak Nair

Posted On 01 March 2012 at 11:43

You can file the said documents at thhe time of your evidence as a matter of right.

Now just face the trial and let the complainant to finish their evidence. Once the evidence of complainant is closed, you are entitled to lead your evidence and at that time you can file the documents.

Do not produce the vidence at this earlier stage as that may backfire. This will give the complainant a chance to fill tha lacunae in their evidence and they will be prepared for facing it in a different way.

Follow the procedures strictly and don't over-react. Keep your cool and no need to panic. If you have a strong evidence in your hand, then the decision will be in your favour.



Author : B. Deb

Posted On 01 March 2012 at 13:48

Sir, evidences from the complainant's side is over and closed. When I produced those documents at the time of my evidence the court declined to accept the documents on the grounds that they are being manipulated by me. Inspites, of request to note down in order that my documents are manipulated the court declined to do so and did not mention any thing about the documents in the order sheet. On next date before my cross-examination as DW I submitted those documents and hence the story is as above....... Even submitted a written complaint before the Registrar General of Gauhati High Court but my complaint was put in no action file......


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