Judgment R. S. VERMA, J. ( 1 ) HEARD learned Counsel for the parties. Looking to the short point involved, the misc. petition is being heard for final disposal at the admission stage, itself. The petitioner is facing trial in the Court of the learned Special Judge, for C. B. I. cases, Jaipur, for various offences. Before the arguments for the charge could be heard, certain documents were got summoned at the instance of the petitioner. The documents in pursuance of the summons of the Court were produced before the Court. After the documents had been produced before the Court, a request was made that the prosecution may be asked to admit or deny genuineness of the various documents under Section 294, Cr. P. C. The learned trial Judge has declined this request. Aggrieved, the petitioner has come to this Court. ( 2 ) LEARNED Counsel for the petitioner submits that under Section 294, Cr. P. C. no stage is prescribed under which admission or denial has to be made. The documents filed either by the accused or the prosecution may be got admitted or denied under these provisions. ( 3 ) IT appears that the learned Special Judge, (Trial Court) was influenced by certain observations made in an unreported judgment of the Allahabad High Court in Bhagwan Das Khandelwal v. C. B. I. and Others, wherein following observations were madeit is obvious from this Section that for the satisfaction of the Magistrate for framing charge it is not necessary that there should be proved documents before the Court. All mat it requires is that the Magistrate should consider - the documents, the report of the Investigating Officer and after hearing the prosecution and the accused he may frame the charge or. may discharge the accused if the charge is groundless. It is, therefore, not necessary for the Magistrate to ask for the admissions of the documents u/sec. 294, Cr. P. C. before the trial actually commences he can insist of the observation of Section 294, Cr. P. C. after the charge is framed and the trial commences. In such circumstances the order of the learned Magistrate is set aside. He shall proceed with the - case. The stay order is vacated.
294, Cr. P. C. before the trial actually commences he can insist of the observation of Section 294, Cr. P. C. after the charge is framed and the trial commences. In such circumstances the order of the learned Magistrate is set aside. He shall proceed with the - case. The stay order is vacated. Revision is allowed accordingly: ( 4 ) IN my opinion, the observations of the Allahabad High Court run counter to the decisions of this Court in Guman Singh v. State of Rajasthan and L. K. Sharma v. State of Rajasthan, and the learned trial Judge was bound to follow the decisions of this Court. In L. K. Sharma v. State of Rajasthan (supra), this Co un observed while interpreting Section 294, Cr. P. C. , as follows :- In this Section the Legislature has not put any limitation as to at what stage, the provisions of Sec. 294, Cr. P. C. are to be followed. In Para 3 of Section 294, Cr. P. C. it has been clearly mentioned that the documents may be read in evidence in any enquiry trial, other proceedings under this Code. When the Legislature has provided in this Section that once the document is admitted, it can be used in any proceedings besides the enquiry and trial, it is clear that when the document so admitted is to be used at the stage of enquiry or trial, then formalities of Sec. 294, Cr. P. C. have to be observed before initiation of any enquiry or trial. If the documents are admitted before framing of the charge, they become the evidence not only for the purpose of trial but with regard to the framing of the charge also. T In my opinion, the learned Trial Judge was not right in saying that the prosecution could not be asked to admit or denying documents , genuineness before framing of the charge. ( 5 ) A bare reading of Section 294, Cr. P. C. , itself goes to show that no limitation as to the stage at which admission or denial has to be made, has been laid down. The learned Trial Court should normally resort to the provisions of Section 294, Cr.
( 5 ) A bare reading of Section 294, Cr. P. C. , itself goes to show that no limitation as to the stage at which admission or denial has to be made, has been laid down. The learned Trial Court should normally resort to the provisions of Section 294, Cr. P. C. so that formal proof of admitted documents is dispensed with and the time of the Courts is not wasted in proving documents which have been admitted either by the prosecution or by the accused. In view of the aforesaid propositions of law, the impugned order of the learned Special Judge (for C. B. I. cases), Jaipur City, dated 8/12/1993 is set aside. The learned Trial Judge shall now ask the parties to admit or deny documents filed by each other and thereafter hear the parties on the question of charge. The Misc. petition is therefore allowed as indicated above. Petition allowed.