DEEN DAYAL SONI Vs. PANCHO BAI

JUDGEMENT

(1.) ON the report of this petitioner the respondents are facing Criminal Case bearing No. 2673/96 in the Court of C. J. M. Jabalpur for offence under Section 420/34 of the I. P. C. After recording the statement of this petitioner the non-applicants moved an application under Section 311 of the Cr. P. C. for recalling this petitioner to put questions, on the report of the handwriting expert, which was not available at the time of recording the statement of this petitioner. Turning down the objections raised on behalf of the prosecution, the learned C. J. M. allowed the petition by order dated 20th of March 2001. The Cr. R. No. 160/01 filed by this petitioner, challenging the aforesaid order dt. 20th of March 2001 also stood disallowed and rejected on 6th of December 2001 by A. S. J. Jabalpur.

(2.) IT is submitted by Shri Shrivastav that it is only when the accused is called upon to enter his defence under Section 243 of the Cr. P. C. that a document may be permitted to be taken on record, and not at any earlier stage. Section 311 of the Cr. P. C. reads as under :--

(3.) SO far as recalling the petitioner for putting questions in respect of report of handwriting expert is concerned, the order passed by the learned C. J. M. so also the Revisional Court, are found to be perfectly lawful which do not cause prejudice to the petitioner.