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2022 Supreme(Jhk) 650

SANJAY KUMAR DWIVEDI
Akhilesh Singh, son of Sri Chandragupt Singh – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Jitendra S. Singh.
For the Opp.Party : Mrs. Priya Shrestha.

JUDGMENT :

1. Heard Mr. Jitendra S.Singh, the learned counsel appearing on behalf of the petitioner and Mrs. Priya Shrestha, the learned counsel for the respondent State.

2. This petition has been filed for quashing the order dated 01.02.2020 passed in Birsanagar P.S. Case No.21 of 2017 dated 29.3.2017, G.R.No.882 of 2017 whereby learned court has allowed the petition dated 16.01.2020 filed by the prosecution to prove the documents produced by the Investigating Officer under section 165 of the Evidence Act, 1872, pending in the court of learned Chief Judicial Magistrate, Jamshedpur.

3. Mr. Jitendra S. Singh, the learned counsel appearing for the petitioner assailed the impugned order on the ground that illegality has been done by the learned court by way of allowing the documents to be proved under section 165 of the Indian Evidence Act. He further submits that under section 207 Cr.P.C the documents are required to be handed over to the accused for defence and those documents have not been supplied. He submits that at this stage the learned court has not supposed to allow the prayer under section 165 of the Indian Evidence Act. He further submits that in the light of sub section 5 o

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