O P AGARWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsels for the petitioner and the learned public prosecutor for the state.

(2.) This petition has been directed against the order of the AddI. Chief Judicial Magistrate, SPE, Jaipur District, Jaipur, by which he has ordered that the accused should either admit or deny the documents produced by the prosecution. It has been argued by the learned counsel for the petitioner that this order is violative of Article 20(3) of the Constitution of India. In my view, the contention of the learned counsel for the petitioner is correct. The court cannot compel the accused person to admit or deny the documents produced by the prosecution. Section 294 provides for the admission in evidence of certain documents with out formal proof. Section 294 Cr.P.C. has been enacted with a view that the prosecution evidence may be shortened and the prosecution may not be required to prove the documents which are admitted by the accused persons. The intention of the Legislature was not that the accused persons should be bound down or forced to admit or deny the genuineness of documents produced by the prosecution. In view of the above, I am inclinedto accept this application and quash the order of learned Chief Judicial Magistrate, SPE, Jaipur,

(3.) directing the accused persons to admit the genuineness of the documents produced by the accused petitioner.