2021 (7) TMI 1449

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....ial Case (ACB) No. 70 of 2015. Learned counsel for the petitioner submits that it was impermissible for the learned Judge to recall the complainant Sujata Sutar, to prove the memory card seized in the present case, in the peculiar facts of this case. He submits that the impugned order dated 2nd February 2021 was passed taking recourse to Section 311 of the Code of Criminal Procedure ('Cr.P.C.'), after the petitioner had disclosed his defence in the written notes of arguments submitted on his behalf under Section 314 of Cr.P.C. He submits that the impugned order was passed after the learned Judge had completed recording of evidence of witnesses; after recording 313 statement of the petitioner and after hearing the arguments in the sa....

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....ed to the petition shows that the matter was adjourned for judgment on 11th January 2021. On 11th January 2021, the matter was again adjourned for judgment on 21st January 2021. On 2nd February 2021, the impugned order was passed, by which, the learned Additional Sessions Judge issued summons to Sujata Sutar and panch Nayna Rishikesh Patil and the Investigating Officer/D.C.P., ACB, Pune was directed to provide appropriate instruments for playing of memory card in the Court, with speakers. A perusal of the impugned order shows that the learned Judge whilst perusing the evidence, noticed that the memory card which allegedly contained the conversation between the complainant and the accused before and at the time of the trap, was not placed on....