In a significant legal ruling, the Trial Court’s decision to allow the inclusion of a crucial document has been restored after it was initially set aside by the High Court. This case underscores the importance of judicial review and the nuances of legal analysis in the context of evidentiary procedures. Stay tuned to explore the implications of this ruling on the legal landscape.
Facts
- Appellant is the informant in a case against respondent no. 2 for various offences.
- Trial court took cognizance and the case is pending.
- Application was filed to summon a witness to verify the appellant’s age.
- High Court set aside the Trial Court’s order based on accused’s submissions.
- Accused filed a challenge against Trial Court’s order.
- The application was accepted by the Trial Court.
- The concerned person was summoned as a witness.
- The document was placed on record.
- The Admit Card issued by the Examining Authority was already on record.
- As a result, the mark-sheet of the appellant also got produced on record.
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Analysis
- The document was placed on record after the person was examined as a witness.
- The order that allowed the document to be placed on record was set-aside, nullifying the document’s inclusion.
- The Trial Court’s decision to allow the appellant’s application was deemed correct.
- The High Court erred in setting aside the Trial Court’s order.
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Decision
- The appeal has been allowed
- The view taken by the High Court has been set aside
- The order dated 12.11.2021 passed by the Trial Court has been restored in connection with Application Exh. No.61Kha in Criminal Case No.192 of 2019
Case Title: RITU RAI Vs. THE STATE OF UTTAR PRADESH (2022 INSC 1040)
Case Number: Crl.A. No.-001706-001706 / 2022
