PRITAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner seeks quashing of the order dated 11.3.2002 vide which Judicial Magistrate Ist Class, Moga had allowed the prayer of the prosecution to produce documentary evidence under Section 311 of the Coder of Criminal Procedure, 1973 (hereinafter referred to as the Code).

(2.) FOR the adjudication of the present petition a few facts need to be noticed. A case bearing FIR No. 141 dated 25.9.1997 under Sections 447 and 379 reads with Section 34 of the Indian Penal Code was registered against the petitioner-accused. After completion of the investigation, challan was put in Court. The prosecution evidence was completed on 27.11.2001. On that very day Gurbachan Singh, complainant filed an application under Section 311 of the Code, which was allowed and the prosecution was permitted to produce on record the copy of the injunction order dated 24.5.1997, copy of order dated 10.9.1997, copy of order dated 23.1.1998, copy of report dated 10.8.2000 of Halqa Patwari, Bagha Purana and Khasra girdawris from 1996 to 2001 on the ground that these being public documents were per se admissible and the authenticity of these documents was not in doubt. It was observed that production of these documents was necessary for the proper and effective adjudication of the case. At the same time, prayer for production of copy of agreement dated 2.5.1995, original agreement dated 2.5.1997 and copy of power of attorney dated 21.2.1994 was declined. Aggrieved by the order dated 11.3.2002 passed by the Judicial Magistrate Ist Class, Moga, this petition has been filed.

(3.) IN order to appreciate the submissions made, the provisions contained in Section 311 of the Code has to be noticed which read as under :-