THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.1109 OF 2025

ORDER:

This Criminal Petition is filed under Section 528 of BNSS by the petitioner/accused No.1 to quash the order dated 18.12.2024 marking the affidavit dated 08.03.2024 as Ex.P4 in C.C.No.246 of 2015 on the file of XV Additional Chief Metropolitan Magistrate, Hyderabad, and recall Ex.P4.

2. The petitioner is aggrieved by marking of Ex.P4 which is an affidavit dated 08.03.2014. The said affidavit allegedly signed by the petitioner was brought on record by the prosecution, though an objection was raised during the course of trial that the said affidavit cannot be marked.

3. Any trial Court would mark the documents in a criminal trial when the document is placed before it. However, the contents of any such document cannot be read unless they are proved. Merely marking Ex.P4 will not entitle the prosecution to ask the Court to consider the contents of Ex.P4. The said contents can only be looked into when there is admissible evidence about the contents being correct.

Merely marking documents will not dispense with the proof of contents of the documents.

4. In Ayaaubkhan Noorkhan Pathan v. State of Maharashtra, (2013)