MOHAMMAD AKBAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition is filed to quash the order-dated 25.6.2001 in Crl.M.P.No.1672 of 2001 in C.C.No.136 of 1997 on the file of the Judicial First Class Magistrate.

(2.) After the closure of the prosecution case and after examination of the accused under Sec.313 Cr.P.C., prosecution filed Crl.M.P.No.1672 of 2001 in C.C.No.136 of 1997 under Sec.294 Cr.P.C., seeking permission of the Court to receive certified copy of an order of injunction, certified copies of the pahanies and certified copy of the F.I.R. in Cr.No.84 of 1997 said to have been registered subsequent to the registration of the F.I.R. in this case. Petitioners, who are the accused in this case, opposed the said application contending that the documents are not genuine and that those documents ought to have been collected during the course of investigation and that the prosecution is not entitled to fill up the gaps in its case after they are examined under Sec.313 Cr.P.C., The learned Magistrate, rejecting the contention of the petitioners, allowed the petition on the ground that the documents being certified copies, can be received and read in evidence, as there is no necessity to prove the signature of any party contained in the said documents.

(3.) The contention of the learned counsel for petitioners is that since the accused were not called upon to admit or deny the genuineness of the documents, as contemplated by Sec.294 (1) Cr.P.C., and since the pahanies are manipulated and since the contents of the F.I.R. have to be proved, the accused ought to have been given an opportunity to say what they have to in respect of the pahanies and the certified copy of the F.I.R. produced into Court. It is his contention that the word 'fabrication' used in the counter filed by the petitioners/accused refers to pahanies, and not to the certified copy of the court order and that the Court below without making a reference to the pahanies and the F.I.R. produced by the prosecution, on the basis or assumption that only a certified copy of the order of the Court was sought to produced, decided the petition, thereby causing great injustice to the petitioners.