Secondary evidence concluded
AMAR RANU
(Querist) 08 October 2014
This query is : Resolved
whether additional list of documents by the complainant, in a private complaint case, can be filed after secondary evidence and examination-in-chief is over.
If yes,what is the procedure?
Can accused also file discharge application u/s 245 of Cr.p.c at this stage?
Raj Kumar Makkad
(Expert) 08 October 2014
Complainant has no opportunity at this stage whereas the accused can move his application at any stage.
ROHIT SHARMA
(Expert) 08 October 2014
1. Normally if the complainant's examination in chief is over then such additional evidences cannot be evinced but the list of such additional evidences can be filed and later when at during the cross examination the accused such documents can be shown to the accused and have them admitted as evidence exhibited and later during the argument stage these evidences lately admitted can be stressed upon also.
2. If the charges are framed and the trial has proceed to the stage of examination in chief of the complainant then the discharge application will not hold good since discharge application can be made only before the charges are farmed.
Rajendra K Goyal
(Expert) 08 October 2014
Agree with the advise of expert raj kumar makkad ji.
AMAR RANU
(Querist) 09 October 2014
In the above case,charges are yet to be framed as the said trial is a warrant triable case u/s 406 of IPC.
As per kind opinion of Learned Mr.Makkad,complainant can not file any independent list of documents at this stage when evidence comprising of examination-in-chief and secondary evidence was closed.
In spite of this opinion,complainant has filed a new set of list of documents,which have nothing to do with said trial.
What should be done in such a scenario?
T. Kalaiselvan, Advocate
(Expert) 14 October 2014
Under the said situation, a strong counter objection is to be filed by the accused opposing the same since the same is not known to law.
AMAR RANU
(Querist) 14 October 2014
Any specific provision of law under which a stronger counter objection need to be filed and or such unlawful action on the part of the said complainant involving filling of additional list of documents violates which provision of Crpc?
