KESHABANANDA DAS Vs. RAMA BEHERA AND ORS.

JUDGEMENT

(1.) THIS is an application by the first party against an order of the learned Magistrate in a proceeding under Section 145, Code of Criminal Procedure, declining to exercise his discretion to allow the first party time to file some documents. The only ground on which this order is challenged is that the Magistrate, under a wrong impression that if private documents are filed it will be necessary to adduce evidence to prove the said documents even in a proceeding under Section 145, Code of Criminal Procedure, refused to grant further time for production of documents to the first party, apprehending that thereby the proceeding would further drag on and be delayed. There appears to have been some reason for entertaining such a view, in the light of some previous decisions of this Court that private documents filed in proceedings under Section 145, Code of Criminal Procedure, require proof for their being taken into consideration as evidence. A Division Bench of this Court have subsequently decided in the case reported in Gopi Harachandan v. Ramakrishna Paltasngh, 33 C.L.T. 1098 that in a proceeding under Section 145, Code of Criminal Procedure, there is no necessity to adduce evidence by way of proving private documents. The documents filed by the parties are to be taken into consideration and that can be done even without formal proof. Probably under that wrong impression the learned Magistrate has made the observation that regarding private documents he was unable to exercise his discretion liberally. It is true, in this case adjournment had been given more than once to the parties to file their documents and if the learned Magistrate had simply rejected the prayer of the Petitioners, there would have been no cause for any grievance. However when he felt himself fettered in exercising his discretion under an erroneous impression it becomes a different matter. In these circumstances, I set aside the order and direct the learned Magistrate to give an opportunity to both the parties to file further documents, if any within 15 days of receipt of this order and dispose of the proceeding within one month thereafter taking into consideration the documents filed by the respective parties besides the affidavits, if any, and other materials already filed. The revision is accordingly allowed.