power of court?
Querist :
Anonymous
(Querist) 12 November 2010
This query is : Resolved
dear experts,
while reading crpc 310 it is as under-
310. Local inspections.
(1) Any Judge or Magistrate may, at any stage of any inquiry, trial or other proceeding, after due notice to the parties, visit and inspect any place in which an offence is alleged to have been committed, or any other place which it is in his opinion necessary to view for the purpose of properly appreciating the evidence given at such inquiry or trial, and shall without unnecessary delay record a memorandum of any relevant facts observed at such inspection.
(2) Such memorandum shall form part of the record of the case and if the prosecutor, complainant or accused or any other party to the case, so desires, a copy of the memorandum shall be furnished to him free of cost
can an application be given to trial court to visit the place?
if the court rejects to visit then what to do?
another sec 349 read as under-
349. Imprisonment or Committal of person refusing to answer or produce document.
If any witness or person called to produce a document or thing before a Criminal Court refuses to answer such question as are put to him or to produce any document or thing in his possession or power which the Court requires him to produce, and does not, after a reasonable opportunity has been given to him so to do, offer any reasonable excuse for such refusal such Court may, for reasons to be recorded in writing, sentence him to simple imprisonment or by warrant under the hand of the presiding Magistrate or Judge commit him to the custody of an officer of the Court for any term not exceeding seven days, unless in the meantime, such person consents to be examined and to answer, or to produce the document or thing and in the event of his persisting in his refusal he may be dealt with according to the provisions of section 345 of section 346.
question is -
is it possible to apply trial court to give directions to the complaintant to produce the documents of property what she has given on oath in her statement-
it is never possible to her to given any property document as it is not in existance and the statement is totally false along with another false allegation
what to do if trial court rejects to appeal to give directions to produce the documentary evidences?
my another question is that on that basis can perjury with crpc 340 will be susscessful?
Querist :
Anonymous
(Querist) 12 November 2010
?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 12 November 2010
Real intelligent question.
Court will give direction /order as per application to produce from either side.
If not produced without proper reason the further action will follow.
