Criminal Misc. M-14422 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. M-14422 of 2008 Date of decision : 25.9.2008 Rashpal Singh .....Petitioner Versus State of Punjab ...Respondent CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Ms. Ishma Randhawa, Advocate for the petitioner. Ms. Manjari Nehur, Deputy Advocate General, Punjab S. D. ANAND, J. The plea filed by the petitioner/complainant under Section 311 Cr.P.C., to obtain the leave of the Court to place on record certain document “an agreement regarding purchase of brick kiln ..... which resulted in the filing of civil litigation and civil suit is stated to be pending in the Civil Court and copy of the plaint of that Civil Suit and copy of the agreement” was declined by the learned Sessions Judge by observing that those documents cannot be allowed to be tendered into evidence as those had not been relied upon in the course of the report under Section 173 Cr.P.C. ( “This application, on the other hand, was opposed by filing written reply, thereto, in view of the court rightly, as the documents sought to be produced by the prosecution, where not relied upon by it during investigation and production, thereof, shall definitely cause prejudice to the accused. If these documents would have been material for just decision of the case, these would have been relief upon by the prosecution, at the time of presentation of the challan.”) Criminal Misc. M-14422 of 2008 -2- **** Learned State counsel is not in a position to argue that impugned order is sustainable. Even otherwise, it may be noticed that there would have been no occasion for the petitioner/complainant to file a plea under Section 311 Cr.P.C. if the documents under reference had been relied upon in the report under Section 173 Cr.P.C. It is beyond the pale of controversy that the documents afore- mentioned may have a relevant bearing on the disposal of controversy involved in the prosecution pending before the Court. The petition shall stand allowed accordingly. Learned Trial Court shall grant one opportunity (of reasonable duration) to the petitioner to bring on record the documentation afore-mentioned. Ofcourse, it will be open to learned Trial Court to decide the aspect of relevancy and admissibility of the documents at its own level, completely unfazed by any observation which may have been made by this Court in course of this order. September 25, 2008 (S. D. ANAND) Pka JUDGE Note: Whether to be referred to Reporter: Yes/No