Respondent
PRAYER : Criminal Original Petition has been filed under section 482 of
Criminal Procedure Code to set aside the order passed in Crl ... Section 109 of IPC for
possessing assets disproportionate to his known sources of income had filed
Application under Section 294 Cr.P.C to receive
colly) Copy of FIR along with Admitted u/s. 294
certificate u/s. 65-B Indian Cr.PC
Evidence Act.
Ex. A-3 Scaled site ... along with certificate
U/S 65-B IEA
Ex. A-11 (colly) Acknowledgment receipts Admitted u/s. 294
of FSL dated 29.08.2019,
thereafter chargesheet under Section
302 / 452 IPC was filed awaiting the supplementary chargesheet.
3. After compliance of section 207 / 208 Cr.P.C, the case ... which 8
witnesses have been examined. Statement of accused under
Section 294 Cr.P.C was recorded wherein he admitted the copy of
FIR; scaled
under Sec. 164 CrPC by learned Metropolitan
Magistrate. Said statement in toto was admitted by learned defence counsel
under Sec. 294 CrPC ... offence
punishable under Sec. 304-II IPC.
CHARGE UNDER SECTION 201 IPC :
47. Qua, charge under Sec. 201 IPC against accused Mohd. Iliyas
offence under Section 498A / 304B
IPC.
5. Vide order dated 15.11.2022, charges under Section
498A / 304B IPC and alternatively under Section 306 IPC were
settled ... charges and claimed trial. The accused in his statement under
Section 294 Cr.P.C. admitted the documents from
persons
Ex. A1 (colly) FIR alongwith certificate Admitted u/s. 294
u/s 65B Indian Evidence Cr.PC by both the
Act accused persons ... colly) CDR and CAF alongwith Admitted u/s. 294
certificate u/s 65B Indian Cr.PC by both the
Evidence Act of mobile accused persons
Examined Dropped
Singh pursuant to
statements
of accused
persons
under
Section 294
CRPC.
10. W/Ct Sarita Not Examined Dropped
pursuant to
statements ... Khan has been charged under Section 25 Arms
Act. Accused Gaffar Khan in his statement under Section 294
CRPC admitted the Ballastic report
disputed" is not a correct procedure to be followed for
applying the provision contained under Section 294 Cr.P.C. The
admission ... considered view, the short shrifting of the procedure by
improper application of Section 294 Cr.P.C., particularly in the
context of TIP may have
accused was
recorded under Section 313 of the Code of Criminal Procedure, 1973 (for
short “ CrPC ”). In defence the accused has examined four ... admission or
denial on a document under sub-section (1) to Section 294 CrPC personally
from the accused or complainant or the witness
admitted in evidence only under " section 45 , Evidence Act. By admitting document under section 294 , Criminal Procedure Code the document could not become under ... section 45 , Evidence Act expert evidence. It was further observed, that section 294 , Criminal Procedure Code does not in any way modify
