BINOD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash the order dtd. 27/3/2025 passed by the learned Additional Sessions Judge-XVI, Dhanbad in connection with Sessions Trial No.276 of 2017 whereby an application filed by the petitioner under Sec. 294 of the Cr.P.C. for marking the document exhibit after playing the pen drive contained video footage in the Court, has been disposed of by the court concerned.

(3.) The brief facts of the case is that the petitioner, who is an accused person of the said Sessions Trial No.276 of 2017, filed a petition under Sec. 294 of the Cr.P.C. with a prayer that the pen drive containing the video footage of the statement of the witness - Amar Singh be firstly permitted to be played in the court to enable the learned Additional Public Prosecutor to admit or deny the same and further to mark the Pen Drive without formal proof of the same and also a prayer was made that the voice of Amar Singh may be ordered to be taken by the experts of the State Forensic Science Laboratory, Ranchi to get the same matched with the recorded statement. The learned Additional Sessions Judge-XVI, Dhanbad permitted the petitioner to follow the provisions of Sec. 62 and 63 of the Bhartiya Sakshya Adhiniyam and ordered that only upon complying with the provisions of said Sec. , the Pen Drive can be marked exhibit and treated as electronic evidence to prove the case in his defence and by thus observing, disposed of the said petition filed by the petitioner under Sec. 294 of the Cr.P.C.