Case :- APPLICATION U/S 482 No. - 32577 of 2018 Applicant :- Shri Ram Tiwari Opposite Party :- State Of Up And Another Counsel for Applicant :- Amit Kumar Dixit,P.S. Chauhan Counsel for Opposite Party :- G.A,Ajay Singh
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for both the parties as well as learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 16.8.2018 passed by learned Additional Sessions Judge/Fast Track Court- IInd, Banda in Sessions Trial No. 22 of 2017 (State vs. Ram Tiwari and others), arising out of Case Crime No. 142 of 2016, under Section 147/342/149/302/149 Indian Penal Code, Police Station Jaspura, District Banda.
Contention is that in this case, certain papers in the form of photocopies of certain bail orders and receipts of registered letter and letter to Superintendent of Police, Banda have been filed, which on the face are inadmissible on account of fact that it was presented by and on behalf of the informant at a stage when the prosecution evidence was in progress. The point is that photocopies as such are not admissible unless supported by worthy affidavit guarantying genuineness of the contents of such documents and in case the documents or the contents are discovered to be false then the deponent should be put to task for filing false papers/documents during course of judicial proceeding and that affidavit or supporting material is altogether missing while admitting those papers.
The court below oblivious of the non-admissibility of such papers in the shape of additional evidence has suo-moto presumed that the contents and the papers though in the shape of photocopies are genuine, which finding on the face is not sustainable as such.
At this stage, learned counsel for the complainant/informant submitted that all the papers submitted before the court below are in the shape of certain orders passed on the bail applications and the receipts of registered letter and application send to the Superintendent of Police, Banda, which had got a contextual reference explaining conduct of the informant/complainant as well as the accused and which cannot be said to be irrelevant and these facts being relevant were tried to be brought on record though not supported by affidavit, which affidavit the complainant is ready to file before the court below within ten days' from today.
In view of the present situation scenario this Court has been informed that the prosecution evidence is in the process of being recorded and the applicants shall have his say when his defense starts and that stage is yet to be reached after recording of statement under Section 313 Cr.P.C.
However, the complainant will file his personal affidavit supporting the papers filed before the court below on 16.7.2018, since the informant is ready to support his papers per list dated 16.7.2018.
It is directed that the informant may do so within the aforesaid period and in case any affidavit is placed on record that suo-moto would create a presumption of genuineness of the contents of the documents brought on record and in case, it is found that the material of the document brought on record are false or not genuine, then the deponent and the complainant would be responsible for the same.
However, the applicant would have his say at the time of his defense and he may also rebut the papers in its turn while setting his/her defense, as the case may be.
With the aforesaid observation, this application stands disposed of.
However, court below shall proceed further in accordance with law for deciding the case on its merit and without being prejudiced with the aforesaid observation so made by this Court.
Order Date :- 29.4.2019 S Rawat