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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Sanjay Dhar, J
Suresh Kumar Rekhi S/o late Om Prakash Rekhi – Appellant
Versus
Directorate of Enforcement – Respondent
JUDGMENT :
1. The petitioner, through the medium of present petition, has challenged order dated 20.02.2025, passed by the learned Principal Sessions Judge, Jammu (hereinafter referred to as the ‘Special Judge’) whereby the application of the petitioners seeking a direction not to invoke Section 294 of the CrPC during trial of the case pending before the Special Court, has been declined.
2. It appears that a complaint under Sections 44 and 45 of the Prevention of Money Laundering Act (hereinafter referred to as the ‘PMLA’) has been filed by the respondent against the petitioners, alleging the commission of offences under Section 3 and 4 of the said Act and the said complaint is pending before the Court of Special Judge for PMPLA cases (Principal Sessions Judge, Jammu). It further appears that, at the stage of prosecution evidence, the learned Special Judge passed an order on 11.12.2024, calling upon the petitioners/accused to admit or deny the documents relied upon by the respondent/complainant by invoking powers under Section 294 of the CrPC. However, the petitioners moved an application before the Court of Special Judge, with a prayer not to invoke Section 294 of the Cr.PC. In the
The court established that a distinct list of documents for admission under Section 294 of the CrPC is mandatory, separate from the charge-sheet, and must adhere to the prescribed format for procedur....
(1) No formal proof of certain documents – It is well within jurisdiction of Special Judge to invoke provisions contained in Section 294 of Cr.P.C., after following procedure prescribed therein.(2) I....
No formal proof of certain documents – Court has to appreciate, analyse and test creditworthiness of evidence led by prosecution which is available on record and if such evidence beyond reasonable do....
The court affirmed that the discretion to recall witnesses for clarification is essential for ensuring justice in criminal proceedings.
The prosecution must disclose all documents, including those not relied upon, to ensure the accused's right to a fair trial.
At the discharge stage, an accused cannot seek production of documents under Section 91 of Cr.P.C, as the right to produce evidence arises only during the trial phase.
The main legal point established is that the term 'Court' in Section 91 Cr.P.C. is not limited to the Court where the FIR was filed, and the power to seize documents for investigation purposes extend....
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