In a state case FIR, the case is that a person was found to be distributing panphlets and when stopped to do so by the complainant the accused beated him up. The police filed FIR with sections 324, 452,504.506(2) and thereby filed the chargesheet. Charges were framed and trial started and the complainant has been crossed. Now at this belated stage the Public prosecutar under pressure from complainant obviously filed one application that he wants to bring on record the said pamphlet which was being distributed by the accused. The said pamphltet was never seized by the police at the time of filing FIR or even in the panchnama or even during the chargesheet which shows recovery of evidance.
Can at this belated stage and after a matter of 7 years from the filing of the FIR such a piece of evidance can be submitted in the court directly without any police investigation and what is the procedure of capturing, seizing and producing the evidance by the police/complainant. l
