Accused-A1 field 60 documents in trail court in a case U/s 498A of IPC after 313 of CrPC statement. Then filed petition U/s 294 of CrPC seeking admission or denial of genuineness of documents to use those materials as evidence in support of defence/accused WHEREAS the court dismissed the petition saying admission or denial of genuineness of documents will be looked into only at the time of examination of accused while giving evidence.
Now the Accused-A2 is planning to file same petition stating that the Accused-A2 is not entering into witness box to give defence evidence and the prosecution may be ordered to admit or deny the genuineness of documents that are part of list of documents filed by the Accused-A1 in this case and such procedure is in accordance with the law and the Accused-A2 relied on below judgments:
a. Judgment of Hon’ble Madras High Court in case of S.Ramkumar Vs State Rep. By passed on 15 February, 2011.
b. Judgment of Hon’ble Bombay High Court in the case between Dr. Mrs. Pratibha W/O Prabhakar Vs State Of Maharashtra And Other passed on 27 September, 1994
c. Judgment of Hon’ble High Court of Andhra Pradesh in case of Criminal Petition No. 411 of 2002 between Md. Akbar and Anr. Vs. State of A.P.
d. Judgment of Hon’ble Gowhati High Court in case of Criminal Revision Petition No: 552/2012 between Guwhati Sub-Divisional Market Committee Vs. Sri Suresh Sikaria.
This petition is indirectly challenging the order of the same court referring the judgments of various High Court ..... will this approach makes the trail court get angry?
Does this procedure is wrong and is ilegal ....