RAJINDER SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure for quashing of order dated 4.10.2010 (Annexure P-7) passed by the trial Court dismissing the application filed under Section 294 CR.P.C. filed by the petitioner accused for calling upon the complainant for admission and denial of certified copies of plaints and judgment and decree and final order passed in civil proceedings arising out of the same controversy which is subject matter of FIR No.338 dated 18.3.1997, under Sections 420, 406, 506/120-B of the Indian Penal Code ('IPC' for short), registered at Police Station Central Faridabad.

(2.) Learned counsel for the petitioner has submitted that the application filed by the petitioner under Section 294 Cr.P.C. for calling upon the complainant for admission and denial of certified copies of plaint and orders passed by the Civil Court was liable to be allowed. It was necessary for the Court to consider the said documents at the time of framing of the charge. After hearing learned counsel for the petitioner, I am of the opinion that no ground for interference by this Court is made out. It has been held by the Apex Court in State of Orissa vs. Debendra Nath Padhi 2005 (1) RCR (Criminal) 297, wherein in para Nos. 23 to 25, it was held as under:-

(3.) In view of the decision of the Apex Court reproduced above, the petitioner could not be allowed to produce his documents at the stage of framing of the charge. At this stage, the Court is only required to see from the documents relied upon by the prosecution as to whether a prima facie case is made out against the accused or not for the purpose of framing of the charge. In these circumstances, the learned trial Court had rightly dismissed the application moved by the petitioner. No ground for interference by this Court is made out out.