Rajasthan High Court - Jaipur
Dr. Abha Jain vs State Of Rajasthan Through Pp on 25 September, 2018
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2928/2018
Dr. Abha Jain
----Petitioner
Versus
State Of Rajasthan Through Pp
----Respondent
For Petitioner(s) : Mr. R.N. Mathur, Sr. Advocate, with
Mr. Kinshuk Jain
For Respondent(s) : Ms. Meenakshi Pareek, PP for State
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Order
25/09/2018
Application for early listing bearing inward No.3/19.9.2018
has been filed.
Ms. Meenakshi Pareek, learned Public Prosecutor, has
submitted that due to pendency of main case, matter is not being
argued by the petitioner before the trial court and consideration of
charges has been unnecessarily delayed.
On joint request and consent by learned counsel for the
parties, application bearing inward No.3/19.9.2018 is allowed and
S.B. Criminal Misc. Petition No.2928/2018 is taken on board.
S.B. Criminal Misc. Petition No.2928/2018:
Present petition has been filed under Section 482 Cr.P.C. to
assail the order dated 7.5.2018 passed by the Special Judge &
(2 of 3) [CRLMP-2928/2018]
Sessions Judge, Prevention of Corruption Act No.1, Jaipur,
whereby prayer of the petitioner to furnish true and correct
transcription of compact disc (CD) has been declined.
Shri R.N. Mathur, learned senior counsel, during the course
of arguments has submitted that transcription of CD relied by the
prosecution is not correct as the same is not faithful reproduction
of contents of the CD. Learned senior counsel has submitted that
the petitioner has also prepared transcription of CD supplied,
hence, same should be taken into consideration at the time of
consideration of charges.
Attention of the counsel has been drawn to the judgment
rendered by the Supreme Court in State of Orissa v. Debendra
Nath Padhi, 2005(1) SCC 568, wherein it has been held that
only the documents relied by the prosecution at the time of
framing of charge can be taken into consideration and the material
provided by the accused cannot be considered as the accused can
produce and prove the same at the time of leading defence
evidence.
Consequently, prayer of the petitioner that the petitioner
should be permitted to provide true transcription of CD is rejected
with liberty to the petitioner to prove the same by leading defence
evidence. However, it cannot be denied that the CD is part of
challan filed by the prosecution and hence, there is merit in the
submission made by the learned senior counsel for the petitioner
that at the time of consideration of charges CD can be played in the court and contents thereof can be noted by the court at the time of formulation of charges.
(3 of 3) [CRLMP-2928/2018] Therefore, the present petition is disposed of by directing the trial court to play the Compact Disc (CD) in presence of counsel for the parties, at the time of consideration of charges.
(KANWALJIT SINGH AHLUWALIA),J Govind/ Powered by TCPDF (www.tcpdf.org)