2026 (2) TMI 462
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....Sri. R.M. Javed, Advocate). For the Respondent: (By Sri. Shivaraj S. Balloli, Advocate). ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V. SRISHANANDA) 1. Heard Sri. R.M. Javed and Sri. Shivarj S. Balloli, for the parties. 2. The accused is the petitioner, being aggrieved by the ruling given by the learned trial Magistrate on the objection raised by the accused while examining the com....
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....as under: "Counsel for accused submits that the complainant is referring the contents of the complaint and deposing before the Court. As the witness is the complainant, he cannot refer the complaint and the documents in the stage of evidence before charge. Counsel for complainant submits that the complainant is also the investigating officer. Therefore, he can refer the complaint....
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.... the complainant, being the Investigation Officer, is not entitled to look into the investigation papers and should depose based on the investigation that he has been conducted. 13. However, the documents that have been placed on record being supplied to the accused can be accessed by him. Likewise, the private complaint, once it takes cognizance, partakes the nature of a FIR under Section 154 ....
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