SHANTILAL Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a reference by the learned Sessions Judge, West Nimar, Mandleshwar, recommending that the order passed by the Magistrate, First Class, Kasrawad, in criminal Case No. 136 of 1957 on April 4, 1958, be set aside and the prosecution be allowed to furnish fresh documents in the course of that trial.

(2.) THE material facts are that Shantilal and seven others are being tried by the magistrate, First Class, Kasrawad, who has framed a charge against each of them under Section 147 read with Section 34 I. P. C. With the police report dated October 28, 1957, certain copies were filed under Section 173 Criminal Procedure Code. These copies were supplied to the accused. On December 6, 1957, charges were framed against the accused. On March 20, 1958 the prosecution made an application to the trial Magistrate seeking leave to file two more documents, viz. , (i) application dated April 9, 1957, addressed by Chunnilal (complainant) to the district Superintendent of Police, in connection with this very matter, which was forwarded to the Station House Officer after the prosecution had been initiated, and (ii) copy of judgment dated March 12, 1958, passed by the additional Sessions judge, Mandleshwar in Criminal appeal No. 108 of 1957.

(3.) THE said application dated March 20, 1958, was opposed by the defence. The learned trial magistrate held that once copies are filed under Section 173 Criminal procedure Code, supplementary Or additional documents could not be permitted to be filed as there was no such provision in the Code. According to him, the only stage of filing the documents is before the commencement of the trial.