HARWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present criminal revision petition has been filed by the petitioner, Harwinder Singh, challenging the impugned order dtd. 19/7/2025 passed by the learned Judicial Magistrate Ist Class, Jagraon, whereby an application moved under Sec. 311 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C') by respondent No.2/complainant seeking permission to tender a pen drive along with certificate under Sec. 65-B of the Indian Evidence Act, 1872, during his examination-in-chief has been allowed.

(2.) Briefly stated, the prosecution case pertains to FIR No. 17 dtd. 16/2/2020 registered under Ss. 420, 406, 294 and 506 IPC, at Police Station City Raikot. During the course of trial, the complainant moved an application under Sec. 311 Cr.P.C. stating that earlier a CD containing the recorded conversation had been produced, however, the same had become unreadable. It was pleaded that the complainant had recorded the conversation on his mobile phone and that in order to adduce proper electronic evidence, he be permitted to produce the pen drive containing the said conversation along with a certificate under Sec. 65-B of the Indian Evidence Act. The learned trial Court, after hearing both sides, allowed the said application while observing that no prejudice would be caused to the accused as full opportunity of cross-examination would be available.

(3.) Aggrieved thereof, the petitioner has preferred the present revision petition. The contention of the learned counsel for the revision petitioner is that the learned trial Court has erred in allowing the application under Sec. 311 Cr.P.C. as the provision is meant only for summoning, recalling or re-examining witnesses and not for permitting production of documents or electronic records. It has further been contended that the complainant is attempting to fill up lacunae in the prosecution case and that the authenticity of the pen drive is doubtful. According to the petitioner, the impugned order suffers from illegality and perversity and deserves to be set aside.