LALU PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the C.B.I. Mr. Surendra Singh, learned Sr. counsel appearing for the petitioner submitted that earlier the petitioner had moved to this court when the Court refused to give opportunity to adduce original copies of documents, though photocopies of the same had already been adduced in evidence, as the petitioner had been apprehending that the C.B.I. would be raising objection over the admissibility of the documents. One document was sought to be proved by S. C. Chowla and the other documents were related to departmental proceeding of Bidu Bhushan Dwivedi. Here in this Court also the option was given by the Court as to whether it would be agreeable to C.B.I., to accept the genuinity of the document sought to be proved by S.C. Chowla and also other documents but when objection was taken by the C.B.I., that it is not agreeable for it to admit the genuinity of those documents, an order was passed for examining S.C. Chowla residing somewhere at Thailand on commission to get the document proved and at the same time, direction was also given to the court below to call for original copies of the documents, photo copies of which had already been marked as exhibits so that original copies of the documents be proved in accordance with law but the court below did not act upon as per the direction given by this Court and thereby it exceeded its jurisdiction by getting the document which was sought to be proved by S.C. Chowla admitted in evidence and marked it as exhibit when original was produced by C.B.I., and further the court wrote a letter to Superintendents of Police of different districts not only for sending down the original documents but option was given either to send original copy of the document or to send the document after certifying it to be true copy. Pursuant to that order when documents after certifying to be true copies were made available, it were also marked exhibits and thereby the court went beyond its limit by substituting its order over the order passed by this Court and therefore, the court can certainly be said to have exceeded its jurisdiction and hence, the order passed by the Special Judge, C.B.I. : on 12.4.2013 is quite illegal.

(2.) IN this regard it was submitted that right course would have been there on the part of the prosecution to move to this Court for getting the order passed by this Court on 28.1.2013 in Cr. M.P. No. 2167 of 2012 modified and to proceed in the manner in which it had proceeded before the court below.

(3.) IT was further submitted that so far other documents are concerned, it were called for and when copies attested as certified to be true were made available it were taken into evidence and have been marked exhibits. Since the documents are genuine the C.B.I. will never raise any objection over the genuinity of the said document. Moreover, one petition to that effect would be filed by the C.B.I. before the court below.