RAKESH KUMAR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THROUGH the instant petition filed under Section 482 CrPC, the petitioner has sought quashing of order dated 6.4.2015 (Annexure P6), whereby on an application filed by the complainant through Additional Public Prosecutor under Section 311 CrPC, learned Additional Sessions Judge, Jalandhar has allowed the prosecution to produce on record the photographs and CD which were not produced by the police while submitting report under Section 173 CrPC.

(2.) BRIEFLY stated, the petitioner got married with the complainant namely Paloma Kumari (respondent No. 2) on 19.10.2009. The complainant was B.A B.Ed., PGDCA at the time of marriage. The petitioner co -operated with complainant -respondent No. 2 and extended financial support to her, so that she may pursue her further studies. Accordingly, the complainant did her M.Sc. (I.T.) from Punjabi Technical University, Jalandhar, but despite extending full cooperation by the petitioner and his family members, the complainant treated them rudely. She used to abuse them, so that the petitioner may live separately from his family after taking his share from his parents.

(3.) WHILE the matter in the aforesaid FIR was pending before the trial Court, the prosecution filed an application dated 30.5.2014 under Section 311 CrPC for placing on record the photocopies and CD to prove its case. The very object of filing such application was aimed at to establish from such CD and photographs that the co -accused of the petitioner namely Bimla Devi was wearing the jewellery of the complainant at the time of marriage of her brother. The petitioner contested the said application and filed reply, denying the allegations made in the application. The petitioner has contended that in fact, the complainant is trying to prolong the trial by making unwarranted applications and the facts which are narrated in the CD/photographs were already in the knowledge of the complainant.