AKHILESH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Jitendra S.Singh, the learned counsel appearing on behalf of the petitioner and Mrs. Priya Shrestha, the learned counsel for the respondent State.

(2.) This petition has been filed for quashing the order dtd. 1/2/2020 passed in Birsanagar P.S. Case No.21 of 2017 dtd. 29/3/2017, G.R.No.882 of 2017 whereby learned court has allowed the petition dtd. 16/1/2020 filed by the prosecution to prove the documents produced by the Investigating Officer under Sec. 165 of the Evidence Act, 1872, pending in the court of learned Chief Judicial Magistrate, Jamshedpur.

(3.) Mr. Jitendra S. Singh, the learned counsel appearing for the petitioner assailed the impugned order on the ground that illegality has been done by the learned court by way of allowing the documents to be proved under Sec. 165 of the Indian Evidence Act. He further submits that under sec. 207 Cr.P.C the documents are required to be handed over to the accused for defence and those documents have not been supplied. He submits that at this stage the learned court has not supposed to allow the prayer under Sec. 165 of the Indian Evidence Act. He further submits that in the light of sub Sec. 5 of Sec. 173 Cr.P.C the documents are required to be forwarded to the learned court which has not been done in the case in hand. He further submits that recently the lacuna of the trial has been considered by the Hon'ble Supreme Court in the case of "Criminal Trial Guidelines Regarding Inadequacies and Deficiencies v. State of Andhra Pradesh and Others", (2021) 10 SCC 598 and submits that certain guidelines has been issued by the Hon'ble Supreme Court.