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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....
Section 294 Cr.P.C. permits multiple petitions post-charges to admit documents without formal proof if undisputed, aiding speedy trial.
Section 294 Cr.P.C. mandates the court to facilitate the admission or denial of genuineness of documents filed by parties; it is distinct from Section 296 Cr.P.C., which concerns evidence of a formal....
Documents cannot be admitted before framing of charges unless their genuineness is established; Section 294 Cr.P.C. allows for admission/denial of evidence post-charge framing.
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.
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