2015 Supreme(P&H) 729
PUNJAB & HARYANA HIGH COURT
Hari Pal Verma, J.
Rakesh Kumar - Appellant
Versus
State of Punjab and Ors. - Respondent
CRM-M-14363 of 2015
Decided On : 05-05-2015
For the Appellant :Amit Dhawan, Advocate
Headnote:
Section 311 CrPC - Quashing of Order - 311 CrPC - [Section 311 CrPC] - The court discussed the powers of the court under Section 311 CrPC and emphasized the need for just decision of the case. It highlighted the principles to be borne in mind by the courts while dealing with an application under Section 311 CrPC, emphasizing the essentiality of the evidence for a just decision of the case and the need for exercising the power judiciously and with care and caution.
Fact of the Case:
The petitioner sought quashing of an order allowing the prosecution to produce photographs and CD as additional evidence under Section 311 CrPC. The complainant alleged harassment and demand of dowry, and the prosecution sought to produce additional evidence to establish the allegations.
Finding of the Court:
The court found that the prosecution's intention to produce the photographs and CD, which were not produced by the police in the report under Section 173 CrPC, was necessary for the just decision of the case. Therefore, the court dismissed the petition, emphasizing the complainant should not suffer for the investigating officer's lapse.
Issues: The main issue was whether the court should quash the order allowing the prosecution to produce additional evidence under Section 311 CrPC, considering the photographs and CD were not produced by the police in the report under Section 173 CrPC.
Ratio Decidendi: The court emphasized the need for just decision of the case and discussed the principles to be borne in mind by the courts while dealing with an application under Section 311 CrPC, highlighting the essentiality of the evidence for a just decision of the case and the need for exercising the power judiciously and with care and caution.
Final Decision: The petition seeking quashing of the order allowing the prosecution to produce additional evidence under Section 311 CrPC was dismissed by the court.
1. Through the instant petition filed under Section 482 CrPC, the petitioner has sought quashing of order dated 6.4.2015 (Annexure P6), whereby on an application filed by the complainant through Additional Public Prosecutor under Section 311 CrPC, learned Additional Sessions Judge, Jalandhar has allowed the prosecution to produce on record the photographs and CD which were not produced by the police while submitting report under Section 173 CrPC.
2. Briefly stated, the petitioner got married with the complainant namely Paloma Kumari (respondent No. 2) on 19.10.2009. The complainant was B.A B.Ed., PGDCA at the time of marriage. The petitioner co-operated with complainant-respondent No. 2 and extended financial support to her, so that she may pursue her further studies. Accordingly, the complainant did her M.Sc. (I.T.) from Punjabi Technical University, Jalandhar, but despite extending full cooperation by the petitioner and his family members, the complainant treated them rudely. She used to abuse them, so that the petitioner may live separately from his family after taking his share from his parents.
3. It is the case of the petitioner that when the petitioner refused to accept her unlawful demands, she made a complaint dated 11.6.2012 to the police, alleging harassment and demand of dowry. She even went to the extent of levelling vague allegation of forcible termination of her pregnancy against the petitioner and his family. A case FIR No. 63 dated 29.7.2012 under Sections 406, 498-A IPC was registered against the petitioner at Police Station Lambra, District Jalandhar. However, no offence under Section 313IPC was registered in the said FIR. The petitioner even moved the trial Court and filed a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. In the meanwhile, the parents of the petitioner submitted a representation for fair enquiry and the complainant also submitted a representation to the concerned police. The matter was looked into by DSP, Sub Division Kartarpur, Jalandhar Rural and the complainant succeeded in getting Section 313 IPC added in the FIR without there being any truth or without verifying the facts. The police submitted report/challan under Section 406, 498-A, 313 IPC.
4. While the matter in the aforesaid FIR was pending before the trial Court, the prosecution filed an application dated 30.5.2014 under Section 311 CrPC for placing on record the photocopies and CD to prove its case. The very object of filing such application was aimed at to establish from such CD and photographs that the co-accused of the petitioner namely Bimla Devi was wearing the jewellery of the complainant at the time of marriage of her brother. The petitioner contested the said application and filed reply, denying the allegations made in the application. The petitioner has contended that in fact, the complainant is trying to prolong the trial by making unwarranted applications and the facts which are narrated in the CD/photographs were already in the knowledge of the complainant.
5. Considering the aforesaid application under Section 311 CrPC as well as the reply submitted by the petitioner-accused that the said CD and photographs sought to be produced by way of additional evidence is not a relevant piece of evidence, the trial Court vide order dated 6.4.2015 has allowed the application filed by the complainant.
6. It is the aforesaid order dated 6.4.2015, whereby the application of the complainant under Section 311CrPC for placing on record the photographs and CDs has been allowed, has been made subject matter of challenge in the instant petition.
7. I have heard learned counsel for the petitioner.
8. It will be relevant to reproduce Section 311 CrPC which reads as under:--
"311. Power to summon material witness, or examine person present. Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendan