(Querist) 27 October 2021
This query is : Resolved
Dear Respected Experts,
Brief of Case: --------------- Wife filed a case u/s 498A & 4 of DP Act. The FIR was registered through court direction (u/s 156(3)). During cross-examination of SHO (station house officer, IO) my advocate asked if a document mentioned in FIR is marked in court. SHO told that it is marked. Immediately my advocate asked the Judge whether it is marked or not. The judge replied that it is NOT MARKED. Actually, the FIR was registered in JM court of Chennai and transferred to JM court of Bangalore due to Jurisdiction.
My Question: --------------- 1) Is it possible for the Judge to get the document mentioned in the FIR, from JM court of Chennai, to JM Court of Bangalore?
2) Would the Judge take the initiative to bring the document in his/her own interest.
3) Is there anything in Law mentioned as a MANDATORY procedure for the judge to demand any documents from other courts?
I think you have misunderstood something. Please note that whenever a case transferred from one court to another, the entire file is sent to that other court in which the trial is to take place. Thus, if a document is already part of police challan, then it will be part of record in other court also. So your first and third question are actually irrelevant. Now coming to second question, the court in a criminal trial has wide range of powers. So if a document is found to be relevant for the case, the judge can suo moto take notice of that or on the instance of the prosecution during trial.
Regards Shubham Bhardwaj (Advocate) District & Session Court, Chandigarh Punjab & Haryana High Court, at Chandigarh
Disclaimer:- Opinion is only for guidance.
Dr J C Vashista
(Expert) 29 October 2021
The facts posted are vague and confusing. What is the opinion and advise of your lawyer as s/he is well aware about facts and circumstances of the case ? When you have already stated to have engaged / paid an able, competent and intelligent lawyer, what is the necessity for second opinion / obligation of experts on this platform except the fact it is available FREE OF COST ?
(Expert) 29 October 2021
Yes, the facts posted are less than convincing.
(Expert) 30 October 2021
Yes,the facts posted lacks clarity, but in any case FIR is not a substantive evidence,and it can be used only to corroborte or contradict the author of the FIR.
(Querist) 30 October 2021
Thank you RESPECTED Shri. Shubham Bhardwaj sir for your kindness and patience and time. Thank you RESPECTED Shri. Dr. J.C. Vashista sir for your kindness and patience and time. Thank you RESPECTED Shri. Shri. P.Venu sir for your kindness and patience and time.