JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE sole question involved in this petition is : Whether at the stage when the case is fixed for consideration of framing charge, the accused can produce certain documents with an application under Section 294 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for their admission and denial by prosecution ?

(2.) IN this case, FIR No. 55 dated 14.3.2001 was lodged against the petitioners. After the investigation, challan was filed by the police. When the case was at the stage of consideration of framing charge, the petitioners moved an application that the prosecution be asked to admit and deny 14 documents annexed with the application to show that the allegations levelled in the FIR against the petitioners are false. The trial Court, vide order dated 15.6.2006, has dismissed the said application while observing that at the stage of framing of charge, no such application filed by the accused can be entertained, as at this stage, only challan along with documents submitted by the police is to be considered. It has been observed that the accused can avail the right conferred under Section 294 of the Code at the appropriate stage when the evidence is led during the trial. Against the said order, the instant petition has been filed.

(3.) COUNSEL for the petitioners submits that Section 294 of the Code does not put any limitation as to at what stage, this provision has to be followed. He submits that the accused can invoke Section 294 of the Code even at the stage of framing of charge, as sub-section (3) of Section 294 of the Code clearly provides that the documents may be read in evidence in any inquiry trial or other proceeding under the Code without proof of the signature of the person to whom it purports to be signed, where the genuineness of such documents is not disputed. Counsel further submits that once a document is admitted, it can be used in any proceeding besides the inquiry and trial. Therefore, the formalities of Section 294 of the Code have to be observed before initiation of any inquiry or trial. Counsel for the petitioners submits that if the documents are admitted before framing the charge, they become evidence not only for the purpose of trial but also for the purpose of framing of charge. In support of his contention, he has relied upon a decision of the Rajasthan High Court in M.C. Agarwal v. State of Rajasthan, 1995(3) Recent Criminal Reports 222, wherein it was held that a bare reading of Section 294 of the Code itself goes to show that no limitation as to the stage at which admission or denial has to be made, has been laid down, therefore, this provision can be resorted to at the time of framing of charge, so that the time of the Court is not wasted in proving documents which have been admitted either by the prosecution or by the accused. Counsel for the petitioners further relied upon another decision of the Delhi High Court in Ashok Kaushik v. State, 1999(3) Recent Criminal Reports 595, wherein it was held that the power under Section 294 of the Code can be exercised before framing of charge and evidence so produced may be taken into consideration for the purpose of deciding whether charge should or should not be framed against the accused.