BHAGYASHREE PRASHANT WASANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally with the consent of learned counsel appearing for rival parties.

(2.) The question that arises for consideration in this Writ Petition is, as to whether a witness appearing for the prosecution in a sessions trial can produce documents which were not part of the charge-sheet filed before the Court and whether such procedure for production of documents directly by the prosecution witness is contemplated under the provisions of the Code of Criminal Procedure, 1973 (Cr.P.C.).

(3.) The petitioner is one of the accused persons in the trial pending before the Sessions Court i.e. Additional Sessions Judge-11 at Nagpur. The offences alleged against the petitioner and accused persons are under Sections 420, 406, 409, 506 and 120-B of the Indian Penal Code, as also Sections 45(1)(a) and 45(s) of the Reserve Bank of India Act, 1949, Section 24(1) and Section 27 of the Securities and Exchange Board of India Act, 1992 and subsequently added offence under Section 3 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999.