G SAROJA Vs. STATE OF A P

JUDGEMENT

(1.) THE petitioner herein-accused No.3 is facing trial along with others in C.C.No.682 of 2006 on the file of the X Metropolitan Magistrate,. Cyberabad at Malkajgiri, Hyderabad, for the of fences punishable under Sections 420, 406, 468 and 120-B IPC. At a stage, when the trial was in progress and P.W-1 was examined in chief, the prosecution has come forward by filing Crl.M.P.No.6253 of 2010 stating that it wants to rely upon certain documentary evidence and sought permission of the Court below to receive and mark the same. THE learned Magistrate allowed the said application by his order, dated 30.11.2010, and permitted the prosecution to file certified copies of the said documentary evidence and to mark the same through P.W-1 and received the same subject to proof and relevancy. THE same is questioned in this Criminal Revision Case.

(2.) THE in emphasis of the learned counsel for the petitioner- Sri R.K.G.Bhatia is that there is no provision in the Code of Criminal Procedure (for short "Cr.P.C") enabling the prosecution to come forward with a further list of documents after filing of the charge sheet. In this context, he placed reliance on sub-section 5 of Section 173 Cr.P.C.

(3.) FURTHER, sub-section-3 of Section 242 Cr.P.C., which deals with the evidence for the prosecution, clearly states that on the date so fixed the Magistrate shall proceed to take "all such evidence" as may be produced in support of the prosecution. The said provision of law is very wide and in my considered view the Magistrate is all competent to receive any further evidence, if necessary, even if the documents are filed after filing of the charge sheet. The said provision of law i.e., Section 242 Cr.P.C. in my considered view is having an over riding effect over sub-section 5 of Section 173 Cr.P.C, and the provisions under sub-section-5 of Section 173 Cr.P.C, does not control the Magistrate in any manner. The words "all such evidence" mentioned under subsection 3 of Section 242 Cr.P.C. do not mean only such evidence as is referred to in subsection 5 of Section 173 Cr.P.C. What is to be inferred by sub-section 5 of Section 173 Cr.P.C. is that before the prosecution is allowed to file any additional documents, it should furnish a copy of the same in advance to the accused so that he may not be prejudiced in his defence.