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2021 Supreme(Bom) 280

MANISH PITALE
Bhagyashree Prashant Wasankar – Appellant
Versus
State of Maharashtra, Through Police Station Officer – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. D.V. Chauhan, Advocate with Mr. C.B. Barve, Advocate
For the Respondent: Ms. Shamsi Haider, APP

JUDGMENT :

Rule. Rule is made returnable forthwith. Heard finally with the consent of learned counsel appearing for rival parties.

2. The question that arises for consideration in this Writ Petition is, as to whether a witness appearing for the prosecution in a sessions trial can produce documents which were not part of the charge-sheet filed before the Court and whether such procedure for production of documents directly by the prosecution witness is contemplated under the provisions of the Code of Criminal Procedure, 1973 (Cr.P.C.).

3. The petitioner is one of the accused persons in the trial pending before the Sessions Court i.e. Additional Sessions Judge-11 at Nagpur. The offences alleged against the petitioner and accused persons are under Sections 420, 406, 409, 506 and 120-B of the Indian Penal Code, as also Sections 45(1)(a) and 45(s) of the Reserve Bank of India Act, 1949, Section 24(1) and Section 27 of the Securities & Exchange Board of India Act, 1992 and subsequently added offence under Section 3 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999.

4. It is the case of the prosecution that as a consequence of the said alleged off

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