The order give by the High court as fallows...
Brief facts leading to filing the present revision are as fallows:
Petitioner herein is facing a maintenance case filed by the first respondent here in. During the examination, she produced a ration card showing that she is the resident of amalapuram and the said document was disputed by the petitioner and he confronted during the cross examination also. Subsequently, petitioner obtained information under right to information act in which it is stated that no such ration card is issued as alleged by the first respondent herein. Thus he filed the impugned application praying the court below to prosecute the first respondent for the offence punishable under section 197 of Indian Penal Code.
The trail court dismissed the impunged application observing that the contention raised by the petitioner is not necessary to decide the maintenance case.
Having gone through the material on record and heard the Arguments on either side, this court is also of view that the said document is not necessary to decide the issues involved in maintenance case. But, in any event taking into consideration the submissions made by the learned counsel for the petitioner that a forged document is placed before the trail court, the trail court shall direct the first respondent to produce the said document, if the said document is in possession of the respondent herein, and proceed further in the case in accordance with the law.
Accordingly, the criminal revision petition is disposed of
kindly advise me
1. If the first resondent says that the document is not in her possession, what action can be taken by the trail court ?
2. In my revision petition I mentioned that At the time of my cross examination two forged documents were shown by the learned counsel of the respondent, but the high court has not mentioned any thing about the second document which was written in my petition.. Advise me if go to supreme court will it help me....
regards
