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. & 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. Revision is allowed accordingly: