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2015 Supreme(HP) 875

TARLOK SINGH CHAUHAN
Kamal Parkash – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr.Suneet Goel, Advocate.
For the Respondent:Mr.V.K. Verma and Ms. Meenakshi Sharma, Additional Advocate Generals.

JUDGMENT :

Tarlok Singh Chauhan J.

This Criminal Revision Petition has been preferred against the order passed by the learned Judicial Magistrate, Ist Class, Nahan on 24.3.2015, whereby he dismissed the application preferred by the petitioners under Section 146 of the Indian Evidence Act, 1872 (for short “Act”).

2. The petitioners are accused of having committed offence under Sections 354 A read with Section 34 of the Indian Penal Code. The petitioners after pleading innocence are facing trial. During the course of proceedings, petitioners filed an application under Section 146 of the Act for summoning case files from various Courts as enumerated under paras I (1) to (10) of the application in order to test the veracity of the prosecutrix by confronting her with the records so as to shake her credibility and position in life. This according to the petitioners had been necessitated as there was long standing civil and criminal litigations initiated by petitioner No. 1 against the prosecutrix and had prompted her to falsely implicate him in the instant criminal case.

3. The learned trial Magistrate vide order dated 24.3.2015 dismissed the application on the ground that the documents with

























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