evidence act

D S DOCTOR (Querist) 06 January 2011 This query is : Resolved
under section 202 of cr.p.c. police had collected evidence,document and recorded statement of various persons behaif of magistrate,are admissible or Not?

2. above material collected can place as of records of court u/s 294 of cr.p.c ?

3. pl provide supreme court judgment also

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Ajay Bansal (Expert) 06 January 2011
All records mentioed in your quary is considerable for purpose of summoning.However for futher proceedings same have to be proved by I.O and witnesses.

Amit Minocha (Expert) 06 January 2011
it can be placed on records by the police, however the same needs to be proved in accordance with law before the Court by the IO as well as the witnesses incase its genuineness is disputed, if not then it can be read in evidence. At this stage the same will be looked for only for the purpose of the summoning of the accused. Section 202 deals with the Postponement of issue of process.

Advocate. Arunagiri (Expert) 06 January 2011
I agree with Mr.Amit. the court is having the option of dismissing the case u/s 203 after seeing the records collected by the police u/s 202.

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