HAKIM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 Cr.P.C. to assail the order dt. 2/4/2018 passed by the Additional Civil Judge and Judicial Magistrate No.2, Bharatpur, whereby application filed by the complainant/non-petitioner under Sec. 311 Cr.P.C. was allowed and the notice kept in envelop was permitted to be exhibited.

(2.) The learned counsel for the accused/petitioner has fairly admitted that envelop was exhibited but during examination in chief and cross-examination of the complainant, copy of the notice was not assigned exhibit.

(3.) After hearing the learned counsel for the parties, this Court is of the view that this has happened due to over sight on the part of the Court. Therefore, assigning exhibit to the notice at subsequent stage will not amount to filling lacuna but correcting an error so far the case of the complainant is concerned.