2000 (3) TMI 1020

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....of the case and the nature of the order I propose to pass, it will amount to subjecting the respondents to unavoidable burden if notice is ordered in this case. 2. This petition under section 482 of the Code of Criminal Procedure, 1973, seeks quashing of the orders passed by the 5th Metropolitan Magistrate, Vijayawada, dated 10-2-2000, in Crl. M.P. No. 453 of 2000, in C.C. No. 490 of 1999, on h....

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....ch has been mentioned in the list of the documents with the complaint, namely, the resolution of the board of directors dated 27-6-1997. 4. The learned Magistrate dismissed this application mainly on the ground that receiving this document and allowing it to be marked by recalling PW-1 amounts to permitting the complainant to fill up the lacunae in the case. The learned Magistrate referred to a....

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....1 during his cross-examination had admitted that the authorisation filed in the Court by him was not proper. The reasoning appears to be that in the teeth of this admission permitting him to file another document would amount to filling up the gaps in the prosecution case. 5. It appears that the learned Magistrate has wholly misappreciated the circumstances relating to the matter. It may be see....

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....t is sought to be admitted in evidence, it shall be open to the accused to question any infirmities relating to that document by giving an opportunity to cross-examine PW-1 with reference to that document. Considering these circumstances and to subserve the ends of justice, this petition is allowed and the order passed by the learned 5th Metropolitan Magistrate, Vajayawada, in Crl. M.P. No. 453 of....