LAWS(HPH)-2015-5-127

MAHESH PURI Vs. STATE OF HIMACHAL PRADESH

Decided On May 29, 2015
Mahesh Puri Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) BY medium of this petition under Section 482 of the Code of Criminal Procedure, the petitioner has sought quashing of the order dated 18.3.2015 passed by learned Special Judge (Forest), whereby he allowed the prayer of the prosecution and permitted the filing of the supplementary challan and allowed the prosecution to produce evidence.

(2.) THE bone of contention is regarding the documents Annexures -1, B -1, C -1, D, E and F, total 32 leaves, which according to the petitioner is not the part of the part of the original report Ex. PW -10/B as now filed along with the supplementary challan.

(3.) IT is not in dispute that in case these annexures form part of the enquiry report Ex. PW -10/B, then no infirmity or illegality can be found with the order passed by the learned Court below, but in case it is otherwise, then the learned Court below had no jurisdiction to these documents on record as this would amount to re -investigation of the case without an application and due permission of the Court to this effect.