JUPUDI PRAKASH Vs. STATE OF A.P.

JUDGEMENT

(1.) This revision is arising out of order, dtd. 7/8/2018 passed in Crl.M.P.No.4191 of 2018 in C.C.No.129 of 2010 by the I Additional Junior Civil Judge, Narsaraopet.

(2.) The petitioner is the 4th respondent in the above Crl.M.P.No.4191 of 2018, filed under Sec. 242 (2) Cr.P.C. seeking permission to receive the documents through P.W.1 in view of provision under Sec. 65 (c) of the Indian Evidence Act, 1872 (for short 'the Act').

(3.) The brief facts of the case are that when C.C.No.129 of 2010 was posted for trial, P.W.1 produced some documents before the Court stating that he handed over the original sale agreement to A1 to A3. The Station House Officer, Narasaraopet, filed a petition under Sec. 242 (2) Cr.P.C. stating that P.W.1 produced some documents before the Court, which are essential to prove the case of the prosecution. As per the investigation conducted, P.W.1 handed over the original agreement to A1 to A3 and in turn, they handed over the same to A4. A1 to A3 having colluded with A4, destroyed the same for wrongful gain. It is the further case of the prosecution that A4 executed sale agreement along with power of attorney in favour of his sister-A6 with regard to the same property on 10/6/2009. P.W.1, therefore submitted Xerox copies of those documents as originals were destroyed. Therefore, the Investigating Agency sought for permission to mark those documents through P.W.1 in view of the provision under Sec. 65 (c) of the Act. The documents sought to be marked are as follows: