Framing of charge in a case under section 354 ipc
DR M K MISHRA
(Querist) 25 December 2017
This query is : Resolved
I have been implicated in a false case under section 354 IPC. The magistrate has taken cognizance , fixed the date for next hearing and asked the complainant to produce witness before framing of the charge . On the date of hearing the complainant has submitted an application for taking additional documents on record, then the case was adjourned and next date was given for hearing. My question is that (i) whether complainant can be allowed to submit additional documents before the court at this stage? .and (ii) whether non-complainant can also submit the documents before framing of the charge by the court ? An early reply is solicited from Hon'ble Experts.
P. Venu
(Expert) 26 December 2017
What is the opinion of your advocate?
DR M K MISHRA
(Querist) 26 December 2017
Thanks. For my query no.(i) my advocate said that he/she will oppose the submission of additional documents by complainant and for query no.(ii) my advocate said that if the submission of additional documents by complainant is allowed then our documents should also be taken in to record to clarify the doubt / suspicion if any created by the additional documents of complainant. Please reply.
Guest
(Expert) 26 December 2017
If the Decision of the Court allows the submission of additional documents by the Petitioner/Respondent it can not be objected.Let the other side present the additional document and let your Advocate and your self prepare a strong defense effectively and strongly.
DR M K MISHRA
(Querist) 26 December 2017
Thanking you Sir for your opinion.
Ms.Usha Kapoor
(Expert) 01 January 2018
Order XI, Rule14: It shall be lawful for the Court, at any time during the pendency of any suit, to order the production by any party thereto, upon oath of such of the documents in his possession or power, relating to any matter in question in such suit, as the Court shall think right; and the Court may deal with such documents, when produced, in such manner as shall appear just.This provisions specifically empowers the Court at any time during the pendencey of the suit to order the production by any party thereto, upon oath of such of the documents in his possession or power, relating to any matter in question in such suit. To know more, about this provision, it is suggested to go through the following ruling
Rajesh Bhatia vs G. Parimala
Equivalent citations: 2006 (3) ALD 415, 2006 (3) ALT 129 - Bench: T C Ra
Guest
(Expert) 01 January 2018
@ Dr.M.K. Mishra,
If not an academic query, what exactly is the accusation made in the petition?
