PARO DEVI ALIAS PARVATI Vs. TEJA SINGH

JUDGEMENT

(1.) THIS revision is limited to the question of placing on record some additional material after the examining of the accused under Section 313 Cr.P.C. From the submissions from both sides, it appears that in the course of defence evidence, a copy of the FIR has been placed on record by the accused which is marked as Ex. D-1 in the trial Court. In view of that, it was found necessary by the complainant to place before the Court the complete record which probably indicates that the said FIR had been placed before the concerned Court, and that Court has passed an order by which the FIR was disposed of, meaning thereby, no further steps by initiating the criminal case had been taken. The trial court declined to admit that piece of evidence on the ground that there was no provision under which such evidence can be placed before the Court after defence evidence was over. To that extent the observation made by the trial court is correct. However, in this case it clearly appears that only partial portion of the steps taken pursuant to the filing of the FIR had been placed before the Court. It may lead to incorrect appreciation of events. I, therefore, find that this is a fit case in which I should exercise the powers under Section 482 IPC, to secure the ends of justice. I, therefore, pass the following order :-

(2.) THE complainant is hereby allowed to place on record a certified copy of the order passed by the Court in respect of FIR 90 dated 20.10.1992 registered at Police Station Lehragaga. In that case, the accused should be further question under Section 313 Cr.P.C. in respect of such piece of evidence or material that came forth, and the accused shall also be entitled to lead further evidence in defence to meet the new material thus coming before the Court. The parties are directed to appear in the trial Court on 18.12.1996. Records and proceedings be sent immediately.