Additional documents by session court in revision
Adv ramesh chheda
(Querist) 05 November 2012
This query is : Resolved
Dear Members , let me put up following querry before you for u r kind hel
Accused is challenging process order issued against him by magistrate court in respect of offence related to criminal tresspass, and defamation. This is challenged before the session court in revision application.
querry is can session court allows the accused to produce additional documents which the complainant has suppressed from the mag court in obtaining the process order. if this is possible than please reply with the reference of the section of crpcode in which it is possible and citatio if any in support of the same.
Accused is trying to produce some documents which are not on record with the complaints in support of his claims, the session court says that he cannot do so as the same are not on record at the time of considering issue of process order.
your kind and quick reply shall be of great help
regds
Arvind Singh Chauhan
(Expert) 05 November 2012
Though I found no where such provision.
But everything is not codified.
In my opinion if accused could not file protest petition against summoning order and could not produce such document there, He had only opportunity to file them in revision. Revisional court should consider these document.
Otherwise Revisional court may remand the matter to lower court with direction to consider the documents produced by accused.
Devajyoti Barman
(Expert) 05 November 2012
Since you are challenging the summoning order, you can produce any document to highlight the court regarding frivolity of the case.
Raj Kumar Makkad
(Expert) 06 November 2012
I do not agree with both the experts as there is no provision in Criminal Procedure code which may permit the accused person to bring additional documents during revision and may demand the decision of revisional court over those documents.
The revision is against the order passed by trial magistrate on the basis of material put by the complainant on the file so revisional court is confined just up to that limit whether the summoning order is justified on the ground of material available on the file. Neither additional documents from the side of the complainant nor from the accused side can be gone through by revisional court at this stage so Court of Sessions is right in the present case in its approach.
JANAK RAJ VATSA
(Expert) 06 November 2012
the advice given by mr raj kumar makkad is absolutely right. the revisional court will not accept any additional material which was not produced in the trial court
Adv ramesh chheda
(Querist) 08 November 2012
sir thank u very much for u r kind advise. I agree to the answer of Mr. Raj kumar makad . But there is also a law that in case, complainants obtains order by suppressing material facts just to cause harassment, in such a case, hon'ble session court has powers to look into it or atelase send the matter to lower court for fresh considertation.
Kindly throw u r light with respect to this issue .
There is a law that no person should be force to face wrongfull trial .
