Case Note & Summary
The petitioners, accused in C.C. No. 1157/2010 for offences under Sections 408 and 201 IPC, challenged an order dated 11.04.2017 passed by the Civil Judge and JMFC, Kushal Nagar, allowing the prosecution's application under Section 242(2) Cr.P.C. to produce 17 additional documents. The charge-sheet had been filed earlier, and during trial, the prosecution sought to produce these documents, stating they were originally produced before the High Court and the trial court. The petitioners argued that the documents were not part of the charge-sheet and could not be received in evidence after commencement of trial. The High Court examined the scope of Section 242(2) Cr.P.C., which permits the prosecution to produce documents before framing of charges. The court noted that the application was filed before framing of charges, and the documents were in the custody of the court. The court held that the trial court's order allowing the application was correct and did not warrant interference under Section 482 Cr.P.C. The petition was dismissed.
Headnote
A) Criminal Procedure - Production of Additional Documents - Section 242(2) Cr.P.C. - Documents not part of charge-sheet can be produced by prosecution after commencement of trial but before framing of charges - The court held that the application under Section 242(2) Cr.P.C. to produce 17 documents was maintainable as the documents were produced before the High Court and the trial court before framing of charges, and the purpose of the section is to enable the prosecution to produce documents that are in the custody of the court or were not earlier produced. (Paras 1-4)
Issue of Consideration
Whether documents which are not part of the charge-sheet can be received in evidence for prosecution after commencement of trial?
Final Decision
The High Court dismissed the criminal petition, upholding the trial court's order allowing the prosecution to produce additional documents under Section 242(2) Cr.P.C.
Law Points
- Section 242(2) Cr.P.C. allows prosecution to produce additional documents not part of charge-sheet before framing of charges
- documents filed after commencement of trial but before framing of charges are admissible
- purpose of Section 242(2) is to enable prosecution to produce documents in possession of court or not earlier produced
Case Details
2018 LawText (KAR) (07) 25
Criminal Petition No. 4398 of 2018
Sri. Chandramouli H S (for petitioners), Sri. S. Rachaiah (HCGP for respondent)
B L Udaykumar, T R Murugesh, Ashok Kumar
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal petition under Section 482 Cr.P.C. seeking to quash order allowing prosecution to produce additional documents under Section 242(2) Cr.P.C.
Remedy Sought
Petitioners sought quashing of order dated 11.04.2017 passed by Civil Judge and JMFC, Kushal Nagar in C.C. No. 1157/2010 allowing prosecution's application to produce 17 additional documents.
Filing Reason
Petitioners challenged the trial court's order allowing prosecution to produce documents not part of charge-sheet after commencement of trial.
Previous Decisions
Trial court allowed prosecution's application under Section 242(2) Cr.P.C. to produce 17 documents.
Issues
Whether documents not part of charge-sheet can be received in evidence for prosecution after commencement of trial?
Submissions/Arguments
Petitioners argued that documents not part of charge-sheet cannot be produced after commencement of trial.
Prosecution contended that the documents were produced before the High Court and trial court before framing of charges, and the application under Section 242(2) Cr.P.C. was maintainable.
Ratio Decidendi
Section 242(2) Cr.P.C. permits the prosecution to produce documents before framing of charges, even if they were not part of the charge-sheet, provided they are in the custody of the court or were not earlier produced. The application under Section 242(2) Cr.P.C. is maintainable before framing of charges, and the trial court's order allowing such production does not warrant interference under Section 482 Cr.P.C.
Judgment Excerpts
Whether the documents which are not the part of the charge-sheet could be received in evidence for prosecution after the commencement of trial? is the question that falls for determination in this case.
In the course of the trial, the prosecution filed an application under section 242(2) of Cr.P.C. seeking to produce 17 documents enumerated in the list.
Procedural History
Charge-sheet was filed against petitioners for offences under Sections 408 and 201 IPC. During trial, prosecution filed application under Section 242(2) Cr.P.C. to produce 17 additional documents. Trial court allowed the application on 11.04.2017. Petitioners filed Criminal Petition No. 4398 of 2018 under Section 482 Cr.P.C. to quash that order. High Court dismissed the petition on 23.07.2018.
Acts & Sections
- Code of Criminal Procedure, 1973 (Cr.P.C.): 242(2), 482
- Indian Penal Code, 1860 (IPC): 408, 201
