Advocates:
['SHREY GAHARANA', 'P P', '', 'MANOJ KUMAR BHARDWAJ', 'VIKRAM SINGH CHAUHAN']

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 3634/2018

Pushkar Dutt Joshi S/o Late Shri Babu Ram Joshi, Aged About 61

Years, R/o D-18, Kalwar Scheme, Gopal Bari, Jaipur

----Petitioner

Versus

1. State Of Rajashtan, Jaipur through PP

Non-Petitioner

2. Niranjan Lal Joshi S/o Late Shri Babu Ram Joshi, R/o 51 AB,

Abhishek Apartment, F-3, Roop Vihar Colony, New Sanganer

Road, Jaipur.

3. Smt. Vinodini Joshi W/o Shri Niranjan Lal Joshi, R/o 51 AB,

Abhishek Apartment, F-3, Roop Vihar Colony, New Sanganer

Road, Jaipur

4. Arun Joshi S/o Shri Niranjan Lal Joshi, R/o 51 AB, Abhishek

Apartment, F-3, Roop Vihar Colony, New Sanganer Road, Jaipur

5. Kailash Chand Gupta S/o Shri Rameshwar Mahajan, R/o Plot

No.185, Pratap Nagar, Police Station Vaishali Nagar, Jaipur

---Accused-Non-Petitioners

For Petitioner(s)

:

Mr. Shrey Gaharana, Adv.

For Respondent(s)

:

Mr. Arvind Kumar, PP

Mr. Manoj Kumar Bhardwaj, Adv.

Mr. Anil Kumar Agarwal, Adv. on

behalf of Mr. Vikram Singh Chauhan,

Adv.

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

10/11/2022

This Criminal Miscellaneous Petition under Section 482

Cr.P.C. has been filed against the order dated 03.04.2018 passed

by learned Additional Civil Judge & Metropolitan Magistrate, No.6,

Jaipur Metropolitan in Criminal Case No.90/2015, whereby

application for seeking permission for marking exhibits on the

documents filed by the petitioner was dismissed.

(2 of 3)

[CRLMP-3634/2018]

Learned counsel for the petitioner submits that during

the evidence of Pushkar Raj Joshi (PW-1), certain objections were

raised for exhibiting the documents and learned trial Court vide

order dated 07.12.2016 allowed the objections and directed not to

exhibit the documents and also stated that the documents were

taken on record. Learned counsel for the petitioner further

submits that these documents were part of the charge-sheet.

Learned counsel for the petitioner also submits that the learned

trial Court in its order stated that family settlement dated

18.01.1984 was declared forged by the High Court but in SLP

Hon’ble Apex Court set aside the order of the learned trial Court.

So, documents family settlement dated 18.01.1984 and

07.08.1989 be exhibited in the evidence.

Learned counsel for the respondents has opposed the

arguments advanced by learned counsel for the petitioner and

submitted that previously, petitioner had filed a petition under

Section 482 Cr.P.C. but he had withdrawn the said petition. So,

there is no ground to allow the petition filed by the petitioner.

Leaned counsel for the respondents further submits that the order

of the learned trial Court is justified. So, petition be dismissed.

I have considered the arguments advanced by learned

counsel for the petitioner as well as learned counsel for the

respondents.

It is an admitted position that these documents were

part of the charge-sheet. Prosecution, during the evidence of

Pushkar Raj Joshi (PW-1),want to exhibit these documents. In my

considered opinion, mere exhibition of the documents does not

proof its validity and authenticity. So order of the learned trial

Court dated 03.04.2018 is set-aside.

(3 of 3)

[CRLMP-3634/2018]

Therefore. Criminal Miscellaneous Petition filed by the

petitioner is allowed. Learned trial Court is directed to exhibit

these documents in the evidence.

It is made clear that mere exhibition does not proof

genuineness of these documents.

Stay application stands disposed of.

(NARENDRA SINGH DHADDHA),J

vGourav/55