MADHO SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 25.8.92, passed by the Chief Judicial Magistrate, Sirohi, by which the learned Chief Judicial Magistrate allowed the application dated 4.10.91, moved by the APP, and admitted certain documents in evidence which were produced by the prosecution.

(2.) A charge -sheet under Section 498A IPC was submitted against the accused by the Station House Officer, Police Station, Kalindri (district Sirohi) in the Court of the learned Chief Judicial Magistrate, Sirohi. The accused was summoned. Before the charges could be framed, an application under Section 294 Cr. P.C. was moved by the Assistant Public Prosecutor for admitting in evidence a letter dated 4.8.88 alleged to have been written by the accused, alongwith an envolope in which this letter was sent by the accused. I was averred in the application that though this letter and the envelope were produced by the complainant at the time of lodging the First Information Report but that could not be produced alongwith the charge -sheet and, therefore, they may be taken on record. This application was opposed by the accused -petitioners but the learned Magisrate, vide its order dated 25.8.92, allowed the application filed by the Assistant Public Prosecutor and admitted the documents in evidence.

(3.) I have considered the submissions made by the learned Counsel for the parties.