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ARUN KUMAR JHA
Akhileshwar Prasad Singh S/o Late Ram Prit Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
ARUN KUMAR JHA, J.
1. Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the opposite party nos. 2 to 4.
2. The present petition has been filed for quashing the order dated 08.07.2019 passed by learned 5th Additional Sessions Judge, Begusarai in S.T. No. 503 of 2012 whereby and whereunder the learned trial court rejected the petition filed on behalf of the informant for marking the certified copy of FIR and the charge-sheet of Bhagwanpur P.S. Case No. 76 of 2007 as exhibits in the Sessions Trial No. 503 of 2012.
3. It has been the case of the petitioner that the petitioner is the informant of Bhagwanpur P.S. Case No. 36 of 2012 and in connection with the said case, S.T. No. 503 of 2012 is pending before the learned 8th Additional Sessions Judge, Begusarai. The informant of this case was conducting lawyer in a case arising out of Bhagwanpur P.S. Case No. 76 of 2007 and being a conducting lawyer of the said case, he was assaulted by the opposite party nos. 2 to 4 and other co-accused persons. So, the FIR and the charge sheet in connection with Bhagwanpur P.S. Case No. 76 of 2007 become relevant for the purpose of S.T. No. 503 of 201
The court emphasized the importance of concluding the trial at the earliest and considered the petitioner's conduct as an advocate in the case as a factor in reaching its decision.
The main legal point established in the judgment is that the prosecution has the right to file additional documents and examine additional witnesses under Section 231 Cr.P.C, but the court has the di....
(1) Revisional jurisdiction under Section 397 Cr.P.C. can be exercised where interest of public justice requires interference for correction of manifest illegality or prevention of gross miscarriage ....
The Court emphasized the importance of authenticity of exhibits and the presumption of genuineness under Section 80 of the Evidence Act.
The discretion to allow additional documents under Section 311 of Cr.P.C. must be exercised sparingly and with caution, and filing of additional documents is a concession to be used sparingly.
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