LAWS(HPH)-2014-10-62

MAHESH PURI Vs. STATE OF HIMACHAL PRADESH

Decided On October 17, 2014
Mahesh Puri Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) COMPLAINT is that learned trial Court vide order Annexure P -9 under challenge in this petition, has erroneously allowed the prosecution to produce in evidence Annexure -1, Annexure B -1, Annexure C -1, Annexure -D, Annexure -E and Annexure -F to the report Ext. PW -10/B, being not the part of the investigation conducted nor taken into possession by the Investigating Officer during the course of investigation.

(2.) THE petitioner is accused in Corruption Case No. 8 -S/7 of 2009 and is being tried for the commission of offence punishable under Sections 465, 468, 420, 109, 471, 120B of the Indian Penal Code and Section 13(1)(d) of Prevention of Corruption Act, 1988. The report Ext. PW -10/B has been relied upon against him. The same as per version of the prosecution is incomplete as its Annexures referred to hereinabove could not be taken into possession by the Investigating Officer during the course of investigation.

(3.) CONSEQUENT upon the order ibid, the respondent -State (prosecution) preferred fresh application Annexure P -7. The detail of the documents, i.e., Annexures to Ext. PW -10 -/B has been furnished in para 4 of the application.