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JOHN MICHAEL CUNHA
B. L. Udaykumar – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Counsel for the Parties:
For the Petitioners:Sri. Chandramouli H S, Advocate
For the Respondent: Sri. S. Rachaiah, HCGP

ORDER

John Michael Cunha, J.—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.

2. The facts giving rise to the above question is that a charge-sheet was filed against the petitioners here in alleging commission of offences punishable under sections 408 and 201 of Indian Penal Code. 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. In the application, it was stated that at the time of submission of the charge-sheet, the original documents listed in the application were produced before the Hon’ble High Court of Karnataka and in the Court of Senior Civil Judge and CJM, Kodagu and therefore, the Xerox copies thereof were produced a long with the charge-sheet. Since the Xerox copies are not admissible in evidence, the complainant obtained the above documents from the Hon’ble High Court of Karnataka and from the Court of Senior Civil Judge and CJM, Kodagu and the same were sought to be produced before the Court.

3. Petitioners herein ra

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