Legal Question in Criminal Law in India

documents

case is pending for 23years charges not framed court gave chargesheet and some documents which the prosecution relies 22 yers back. can the prosecution produce any new document which they had in custody after 22 years if the trial starts now?


Asked on 11/29/08, 8:32 am

6 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: documents

That depends on several things.

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Answered on 11/30/08, 12:48 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: documents

Depends on which stage the trial is ?

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Answered on 11/29/08, 8:35 am
Vishwa Arya Arya & Co.

Re: documents

In my opinion, you need to add further to the facts. What had been happening in the matter for the last 22years. Was re-investigation directed by the court. who is responsible for such protraction. What is the offence involved. For prosecution to bring on record a new document with no additional background of facts is certainly not possible. By the way, where is this happening?

Vishwa Arya

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Answered on 11/29/08, 8:47 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: documents

If the documents are in their custody, they may still produce the same; you may need to show the prejudice, if any, being caused to you by production of such evidence;

Depending upon the offence involved, it may be an appropriate case for approaching the high court for quashing of proceedings u/s 482 Cr. P. C. on the ground of delay and material impairment of defence evidence, if any.

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Answered on 11/29/08, 8:55 am
Nasir Butt Nasir Law Associates

Re: documents

Facts are incomplete to suggest line of action.

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Answered on 11/29/08, 9:15 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: documents

There are number of things on which it depands.

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Answered on 12/20/08, 6:29 am


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