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2002 Supreme(AP) 229

C.Y.SOMAYAJULU
Md. Akbar – Appellant
Versus
State Of A. P. – Respondent


C. Y. SOMAYAJULU, J.

( 1 ) THIS petition is filed to quash the order-dated 25. 6. 2001 in Crl. M. P. No. 1672 of 2001 in C. C. No. 136 of 1997 on the file of the Judicial First Class Magistrate.

( 2 ) AFTER the closure of the prosecution case and after examination of the accused under Sec. 313 Cr. P. C. , prosecution filed Crl. M. P. No. 1672 of 2001 in C. C. No. 136 of 1997 under Sec. 294 Cr. P. C. , seeking permission of the Court to receive certified copy of an order of injunction, certified copies of the pahanies and certified copy of the F. I. R. in Cr. No. 84 of 1997 said to have been registered subsequent to the registration of the F. I. R. in this case. Petitioners, who are the accused in this case, opposed the said application contending that the documents are not genuine and that those documents ought to have been collected during the course of investigation and that the prosecution is not entitled to fill up the gaps in its case after they are examined under Sec. 313 Cr. P. C. , The learned Magistrate, rejecting the contention of the petitioners, allowed the petition on the ground that the documents being certified copies, can be received and read in evidence, as there i






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