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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THE HONOURABLE SRI JUSTICE N.TUKARAMJI

CRIMINAL PETITION No.2505 OF 2026

01^st May, 2026

Between:

Chikka Viswanath

…Petitioner

AND

The State of Telangana and Another

…Respondents

ORDER:

This Criminal Petition is filed under Section 528 of Bharatiya

Nagarik Suraksha Sanhitha (for short ‘BNSS, 2023) seeking quashment

of the order passed in Crl.P.No.138 of 2025 dated 19.11.2025 on the file

of Sessions Judge at Hyderabad.

2. Heard the submissions of learned counsel for the petitioner, and

learned Additional Public Prosecutor appearing for respondent No.1-

State.

3. The petitioner is arrayed as accused in the above calendar case

for the offences punishable under Sections 420 and 494 of IPC.

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4.1. The brief facts, as borne out from the record, are that, during the

pendency of the proceedings, the prosecution filed an application under

Section 242 of the Code of Criminal Procedure, 1973, seeking

permission to receive certain documents, including photographs and

compact discs, and to mark the same on its behalf. The trial Court, by

order dated 24.07.2025 in Crl.M.P. No. 5846 of 2025, dismissed the said

application on the ground that the photographs sought to be produced

were not accompanied by the requisite certification under Section 65-B

of the Indian Evidence Act, 1872, and further that the Investigating

Officer had not referred to these documents in the charge sheet, thereby

indicating that the prosecution was attempting to fill lacunae in its case.

4.2. Aggrieved thereby, a revision was preferred. The revisional Court,

upon consideration, observed that permitting the production of such

material would facilitate a proper adjudication of the matter. It further

held that the requirement of a certificate under Section 65-B of the Indian

Evidence Act and other issues pertaining to admissibility are not

determinative at the stage of receiving documents. Noting that the

existence of such material had been adverted to during the examination

of P.W.1, the revisional Court allowed the application and set aside the

order of the trial Court.

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5. Learned counsel for the petitioner/accused contends that the trial

Court had exercised its discretion judiciously, particularly in noting the

absence of the mandatory certification under Section 65-B of the Indian

Evidence Act and the omission of these documents in the charge sheet.

It is argued that permitting such documents to be brought on record at a

belated stage would cause serious prejudice to the accused and would

amount to allowing the prosecution to fill gaps in its case. It is further

contended that the revisional Court failed to properly appreciate these

aspects and, therefore, the impugned order warrants interference.

6. Per contra, learned counsel for respondent No. 2/complainant

submits that the application was for receiving the documents and

recalling P.W.1 for the purpose of marking them. It is contended that the

stage of receiving documents is distinct from the stage of proving their

admissibility and evidentiary value. The veracity, genuineness, and

compliance with statutory requirements, including certification under

Section 65-B of the Indian Evidence Act, would fall for consideration at

the stage of trial. It is further submitted that, although the documents

were not referred to in the charge sheet, their existence was brought on

record during the examination of P.W.1, and their production would

assist the Court in effectively adjudicating the matter. It is thus

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contended that the revisional Court has rightly exercised its jurisdiction in

allowing the application.

7. The learned Additional Public Prosecutor has supported the

submissions made on behalf of respondent No. 2 and has prayed for

appropriate orders.

8. I have perused the material available on record.

9. The core grievance of the petitioner is that the revisional Court has

permitted the production of documents which were neither referred to in

the charge sheet nor supported by the requi