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2016 Supreme(Mad) 143

A.SELVAM
J. Swaminathan – Appellant
Versus
State Represented by The Inspector of Police Central Bureau of Investigation Economic Offences Wing Chennai – Respondent


Advocates:
Advocate Appeared:
For the petitioner: Mr. Ashok Kumar, SC for M/s.BFS Legal and P.V. Balasubramaniam
For the respondent: Mr. K. Srinivasan, Spl.P.P. for CBI cases

ORDER :

This Criminal Original Petition has been filed against the order dated 23-12-2015 passed in Crl.M.P.No.3151 of 2015 in C.C.No.458 of 2013 pending on the file of the Additional Chief Metropolitan Magistrate, Egmore, Chennai.

2. The respondent herein as petitioner has filed Crl.M.P.No.3151 of 2015 in C.C.No.458 of 2013 under Section 311 of the Code of Criminal Procedure, 1973 praying to permit him to file the documents mentioned therein as additional evidence, wherein the present petitioner has been shown as sole respondent.

3. It is averred in the petition that the documents mentioned therein are not available at the time of filing final report and further, the said documents have already been sent to Forensic Science Laboratory, Hyderabad and subsequently, the same have been received. Under the said circumstances, the present petition has been filed for getting the relief sought therein.

4. On the side of the respondent a detailed counter has been filed wherein it has been contended interalia to the effect that the present petition is not legally maintainable under Section 311 of the Code of Criminal Procedure, 1973 and further, copies of documents have not been furnished to th









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