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Surya R (business)     07 June 2025

Crminal case marking of documents

my mother is defacto complainant and illetrate  and I am PW2. 
PP refused to submit important documents so PW1 & PW2 filed petition U/sec.242(2) of CrPC with list of documents as party in person 
on petition pp not signed but Accused advocate signed

Docket entry dated 1-6-2024 : Accused present. Judge mentioned in docket that Petition filed U/sec.242(2) of CrPC filed by PW2. Call on 05.06.2024.
Docket entry dated 5-6-2024 :Crl.MP. is allowed on payment of cost of Rs.1000/- to the accused. Accused present. Call on 15.04.2025.

defacto complainant paid the cost. and submitted to court


will this documents will be marked since PW1 and Pw2 submitted as party in person and no sign of pp in petition?if not what to do



Quick Summary
This discussion addresses the procedure for marking documents in a criminal case when the Public Prosecutor (PP) refuses to submit them. The complainant (de facto complainant) and PW2, acting as parties in person, filed a petition under Section 242(2) of the CrPC. Despite the petition not being signed by the PP, the court allowed it on payment of costs. The core question is whether these documents can still be marked as exhibits. While generally, the PP marks documents during chief examination, it's suggested that PW1 and PW2 might be able to get them marked through additional statements, even if evidence is closed, by bringing the matter to the court's attention and demonstrating their relevance.

 4 Replies

Advocate Bhartesh goyal (advocate)     07 June 2025

Yes, documents can be marked as exhibits by pw1 and pw2 by giving additional  statements  during trial even they have completed or closed their evidence

Surya R (business)     07 June 2025

But pp not filed.pw1 and pw2 filed with no pp sign

Is it valid

T. Kalaiselvan, Advocate (Advocate)     07 June 2025

The documents will be marked only during chief examination by PP and the PW1 cannot mark the documents on her own.

The court will insist the PP to verify the authenticity of the documents and mark them if they are relevant.

Dr. J C Vashista (Advocate )     08 June 2025

The PP is duty bound to mark / exibit relevant document(s) to prove his/ her case filed by complainant / FIR.

If s/he (PP) denies, put it in the knowledge of the Court and insist / request to get it marked / exhibited. 


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