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kumar ajinkya (service)     21 January 2019

Application u/s 311 crpc

false case filed u/s 323 & 506 against me in gurgaon. Complainant did not appear for evidence and NBW was issued. Now complainant has sent an application u/s 311 asking for court permission to submit new evidence which dates after the FIR was registered. Is it legally permissible to do so?



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 2 Replies

kumar ajinkya (service)     22 January 2019

Thanks for your response Om Prakash Ji.

I will definitely object the application. However, I wanted to know if it is legally allowed to submit evidence of an incident which occured after registration of the FIR. Shouldn't it be brought to court after registering a new FIR and subsequent investigation?

Also, can someone submit application for new evidence (for an incident which occured after FIR) without first sbmitting evidence for allegations already made in the FIR? 

To me this is clearly a tactic to delay and prolong the case.

 

kumar ajinkya (service)     23 January 2019

Thanks for the clarification Om Prakash Ji.

In my case, the evidence has not even started since the compalinant has not appeared in court for 6 months (2 hearings) after the charges were framed.

However, now instead of coming forward to submit evidence on his complaint, the complainant is asking court permission to accept evidence of an incident which happened after registration of FIR.

I will object to this as a delaying tactic. Let us see how the court responds.


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