production of First
Information Reports etc. The request for furnishing unmarked documents
were refused by the trial Court, as against which the respondent came ... trial Court
declined to grant the certified copies of the unmarked documents. Therefore,
the respondent Department approached the High Court with Criminal
production of First
Information Reports etc. The request for furnishing unmarked documents
were refused by the trial Court, as against which the respondent came ... trial Court
declined to grant the certified copies of the unmarked documents. Therefore,
the respondent Department approached the High Court with Criminal
point mainly fell for consideration in this revision is whether
an unmarked document filed in a proceeding in a Court can be called
for from ... trial Court should have seen that under law an unmarked
document cannot be send for as the unmarked document is not part of
the record
provision under CPC to unmark any document, which has
already been marked as exhibit.
4.1 It is further submitted that the other ground of rejection ... waiver of the
necessity for insisting on formal proof of a document, the
document itself which is sought to be proved being admissible
in evidence
however the trial Court declined to grant certified copies of the
unmarked documents. Hence, the department filed criminal original
petition ... Additional Special Court to grant the certified
copies of the unmarked documents.
4.This Court by its order dated 30.03.2022 setting aside the order
Page
arisen before us is a situation
where evidently the unmarked and unexhibited documents of
the case that are being demanded by the accused had been ... cast some cloud on the issue as to whether the
unmarked and unexhibited documents are a part of the report
under Section
arisen before us is a situation
where evidently the unmarked and unexhibited documents of
the case that are being demanded by the accused had been ... cast some cloud on the issue as to whether the
unmarked and unexhibited documents are a part of the report
under Section
defendant No.1 has recorded a categorical finding that
the documents relied on by appellant/plaintiff does not
indicate that oral gift is accompanied ... which is an
affidavit dated 12.11.1998 which is an unmarked document
i.e., oral gift alleged to have been executed and Ex.P-68 which
prescribes disposal of property
after conclusion of trial. Any document produced before the
Crl.Petition No.186 of 2022
3
Court or in its custody ... reasons mentioned in the
impugned order as to how the unmarked document would be
relevant in the appeal proceedings. For the said reasons, the
said
Inspector of Police is now relied upon. Admittedly, it is an unmarked
document, being a statement under Section
