1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.07.2011 CORAM THE HONOURABLE MR.JUSTICE S.PALANIVELU Crl.R.C.(MD) No.524 of 2011 and M.P.(MD).No.1 of 2011 Valliyammai :Petitioner/Respondent/Accused-6 -Vs- State rep.by the Inspector of Police, All Women Police Station, Karaikudi, Sivagangai District. (Crime No.6 of 2001) :Respondent/Petitioner/Complainant Criminal Revision Case is filed under Sections 397 read with 401 of the Criminal Procedure Code, praying to set aside the order in Cr.M.P.No.2540 of 2011 in C.C.No.115 of 2004 dated 27.05.2011 on the file of the learned Judicial Magistrate, Karaikudi, Sivagangai District. For Petitioner : Mr.T.Lenin Kumar For Respondent : Mr.A.Kandasamy, Addl.Public Prosecutor ORDER The petitioner is the accused in C.C No.115 of 2004 on the file of the learned Judicial Magistrate Court, Karaikudi. Pending trial, the respondent filed a petition under Section 294 (2) of Cr.P.C praying the Court to accept certain documents filed by the prosecution. After hearing both sides, the said learned Judicial Magistrate has allowed the application accepting the documents. It is this order challenging before this Court. 2.The learned counsel for the petitioner would contend that the learned Judicial Magistrate has not followed the procedure contemplated under Section 294 Cr.P.C that he should have afforded an opportunity to the accused for making his objections and thereafter, he has to pass orders, that no notice was given to the accused, that copies were not furnished to him and orders were passed by the Court below without furnishing copies to the accused. 3.Per contra, the learned Additional Public Prosecutor submitted that the order itself would indicate that the accused was heard in the open Court and orders were passed by the Court below. 4.It is profitable to extract Section 294 Cr.P.C for deciding the issue in question:- “294.No formal proof of certain documents:- (1) Where any document is filed before any Court by the prosecution or the accused, the particulars of every such document https://hcservices.ecourts.gov.in/hcservices/ 2 shall be included in a list and the prosecution or the accused, as the case may be, or the pleader for the prosecution or the accused, if any, shall be called upon to admit or deny the genuineness of each such document. (2)The list of documents shall be in such form as may be prescribed by the State Government. (3)Where the genuineness of any document is not disputed, such document may be read in evidence in any inquiry, trial or other proceeding under this Code without proof of the signature of the person to whom it purports to be signed: Provided that the Court may, in its discretion, require such signature to be proved.” 5.From the above Section, it comes to light that it is mandatory that if any application is filed under Section 294 Cr.P.C, the prosecution or the accused, shall be called upon to admit or deny the genuineness of each document. In this context, it appears from the order that no notice was given to the accused and copies were also not furnished to him. It is further seen that he was not afforded with amble opportunity to put forth his objections. In these circumstances, this Court is of the opinion that the Court below has to be directed to comply with the statutory requirements as incorporated in Section 294 Cr.P.C. 6.In such view of the matter, the order challenged before this Court is liable to be set aside and accordingly, it is set aside. In the result, the criminal revision petition is allowed setting aside the order challenged before this Court directing the Court below to comply with the statutory requirements contained in Section 294 Cr.P.C. Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar (CO) / TRUE COPY / Sub Assistant Registrar To: 1.The Judicial Magistrate, Karaikudi, Sivagangai District. 2.-Do- Thro' The Chief Judicial Magistrate, Sivagangai. 3.The Inspector of Police, All Women Police Station, Karaikudi, Sivagangai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC to Mr.T.Leninkumar, Advocate. SR.No.22632. Ssm Crl.R.C.(MD) No.524 of 2011 RP/13.07.2011/2P/6C. 12.07.2011 https://hcservices.ecourts.gov.in/hcservices/