Whether accused object for documents to be taken on record
Adityakumar Jain
(Querist) 29 March 2018
This query is : Resolved
Dear Experts,
Sincere Greetings.
I am the original complainant in a mater wherein Charge-Sheet is filed in year 2009 against 2 accused u/s- 420, 465, 467, 468, 471, 201 r/w- 34 of I.P.C.
In this matter Charges are yet to be framed and the status of matter is “NOT HEARD CASE”.
In year 2013 accused No.1 has filed discharge application, which is pending.
Earlier during investigation, Police did not take some material documents from me and said it will be taken later on, but they never took it from me. Said documents are directly proving the case and lead to the conviction of accused.
Now in this month, i.e. March 2018, mentioning the said reason of Police, under the signature of P.P., I have filed said additional material documents on record of Court. And Ld. Court has kept it for other side (i.e. accused) to say.
My Query:
(a) Can Ld. Court rejects said application for taking material documents on record, when charges are yet to be framed and matter is “NOT HEARD CASE”?
(a) Do accused (i.e. other side) has any legal power to take objection against said material documents to come on record?
(c) Which application has to be decided first by Ld. Court. Whether (i) discharge application filed by accused or (ii) application for material evidence filed by me, the original complainant?
In anticipation, I am thankful to all experts.
Aditya K. J.
Vijay Raj Mahajan
(Expert) 29 March 2018
All documents relating to the case should be attached with the charge sheet or challen filled in the court. However some documents which could not be placed on the record of the court can with permission can be done by the complainant.
Court usually allow application for placing the documents which are essential for the just decision of the case. Any objection of the accused will be considered by the court however that will not debaring it to allow your application.
Guest
(Expert) 30 March 2018
You have not stated the background of the case. So, from the nature of your questions, it can be guessed well that either yours is hypothetical query or you don't have faith on the PP, who is fighting the case. Let him do his job on merits of the case. It is not understood, how the answers to your questions can help you gain anything in person, when the case is being fought by the PP on behalf of the State.
By the way, was there any specific reason that you have not asked your questions from the PP, who filed your additional documents. Don't forget, you can't make the court deny the opportunity to defend his case.
