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 not part of the charge-sheet. The prosecution contended that the original documents were produced before the High Court in related proceedings and could not be filed earlier. The petitioners argued that the application was filed after commencement of trial and thus not maintainable. The High Court examined the scope of Section 242(2) Cr.P.C., noting that it applies before framing of charges. However, since the trial court had not yet framed charges and the documents were produced before the High Court, the application was allowed. The court held that documents produced after commencement of trial cannot be received under Section 242(2) but in this case, the stage was still pre-charge. The petition was dismissed, upholding the trial court's order.
Headnote
A) Criminal Procedure - Production of Additional Documents - Section 242(2) Cr.P.C. - The prosecution filed an application under Section 242(2) Cr.P.C. to produce 17 documents not part of the charge-sheet after commencement of trial. The court held that Section 242(2) Cr.P.C. applies only before framing of charges and documents produced after commencement of trial cannot be received under that provision. However, the court allowed the application on the ground that the documents were produced before the High Court in related proceedings and the trial court had not yet framed charges, thus the application was maintainable. (Paras 1-5) B) Criminal Procedure - Framing of Charges - Stage of Trial - Section 242 Cr.P.C. - The court clarified that the stage under Section 242(2) Cr.P.C. is before framing of charges, and once charges are framed, the prosecution must rely on documents already on record or seek permission under Section 231 Cr.P.C. (Paras 4-5)
Issue of Consideration
Whether documents which are not part of the charge-sheet can be received in evidence for prosecution after the commencement of trial?
Final Decision
The High Court dismissed the criminal petition, upholding the trial court's order allowing the prosecution's application under Section 242(2) Cr.P.C. to produce additional documents. The court held that the stage under Section 242(2) Cr.P.C. is before framing of charges, and since charges had not yet been framed, the application was maintainable.
Law Points
- Section 242(2) Cr.P.C. allows prosecution to produce additional documents not part of charge-sheet before framing of charges
- documents produced after commencement of trial cannot be received in evidence under Section 242(2) Cr.P.C.
- distinction between Section 242(2) and Section 231 Cr.P.C.
