Writ Petition No.2192 of 2005 the accused filed application seeking de-exhibiting of the documents filed by PW 1 with his evidence on affidavit
Evidence Act to de-exhibit the document once exhibited in evidence, cannot be found fault with. However, such exhibition of documents shall be in accordance ... exhibited as Exhibits 3 to 9, that itself did not constitute exhibition of those documents in evidence. Besides, the endorsement itself disclosed that the exhibition
chief was filed on 27.8.2009,
filed an application Exh.82 for de-exhibiting the
document. The trial Court vide its order dated
8.6.2011 rejected ... assailed the order
below Exh.82, rejecting his application for de-
exhibiting the said document in the present Writ
Petition.
7. Mr.Totala, learned counsel
2002 below Exh. 287, which application is filed by accused
for de-exhibiting the documents, Exh.290, which application is filed by
accused for summoning ... read in
evidence as secondary evidence and as such, same be de-exhibited.
However, under the impugned order, request of accused is not allowed
Judgment.odt
application at Exhibit 71 for adjournment. He made an application
at Exhibit 73 for de-exhibiting the document marked as Exhibit ... exhibited. Similarly, the document marked as Exhibit 69 was
exhibited contrary to the order passed by this Court. Therefore, the
same shall also be de
filed an application (Exh.137) before the trial
Court praying for de-exhibiting the said document and the
additional affidavit in evidence filed on behalf ... said application on
the ground that there was no provision for de-exhibiting the
document. By order dated 17.03.2016, the aforesaid
application filed
witness, D.W.-1, Ajit Shah and
requesting this Court to De-exhibit the same, by setting aside the
impugned order to that effect, passed ... premature a stage to contend that this
document be de-exhibited.
33] Once it is held that the document is essential and will be
helpful
2009 by which application filed by the petitioner (original accused) for
de-exhibiting documents came to be rejected.
3. Smt. S.W. Deshpande, learned Counsel ... petitioner has
submitted that the documents which are prayed to be de-exhibited by
filing application at Exh.94 before the trial Court was mainly
filed an application (Exh.137) before the trial
Court praying for de-exhibiting the said document and the
additional affidavit in evidence filed on behalf ... said application on
the ground that there was no provision for de-exhibiting the
document. By order dated 17.03.2016, the aforesaid
application filed
Exhibit 72 by learned Judicial Magistrate First Class, Koregaon. The
contents of the statements marked as Exhibit 67, 68 69 were to be de-
exhibited ... Exhibit
nos. 67, 68 & 69 cannot be proved through evidence of P.W. 1.
(iv) Statement at Exhibit 70 also be de-exhibited