1 2025:CGHC:18710 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1389 of 2025 1 - Jagdish Mishra S/o Late Shri Raghunath Mishra Aged About 72 Years Presently R/o A- 104, Swarn Residency, Seepat Road, Bilaspur, District Bilaspur, Chhattisgarh. Permanent R/o B-53, Mitra Mandal Colony, Anishabad, Patna-2, Bihar. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer Kotwali, Korba, District Korba, Chhattisgarh. 2 - Suresh Chandra Tiwari S/o Late Shri Lalan Tiwari Aged About 61 Years Caste- Brahmin, R/o Tiwari Farm House, Parsuram Nagar, Village- Dardarkhurd, Police Chowki- Manikpur, Tahsil And District Korba, Chhattisgarh. 3 - Sudha Tiwari W/o Suresh Chandra Tiwari Aged About 56 Years Caste- Brahmin, R/o Tiwari Farm House, Parsuram Nagar, Village- Dardarkhurd, Police Chowki- Manikpur, Tahsil And District Korba, Chhattisgarh. ... Respondent(s) (Cause title taken from Case Information System) For Petitioner : Mr. Rajeev Shrivastava, Senior Advocate along with Mr. Sourabh Sahu, Advocate For Respondent/State : Mrs. Sunita Sahu, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.06.13 19:20:07 +0530 2 24/04/2025 1. The petitioner has filed the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short ‘BNSS 2023’) against the impugned order dated 17.03.2025, passed by learned Sessions Judge, Korba, in Criminal Revision No. 47 of 2024, whereby the order dated 17.10.2024, passed by learned Judicial Magistrate First Class, Korba, in Criminal Case No. 2912 of 2022 is affirmed. 2. The brief facts of the case are that the petitioner is the complainant in the Criminal Case No. 2912 of 2022 pending before the learned Judicial Magistrate First Class, Korba. The allegations against the accused persons in the criminal case are that the complainant had purchased a piece of land of khasra No. 529/3/K/2 (new khasra No. 905/2) area 12 dismils, situated at village Dadar, district Korba through registered sale- deed executed by the respondents No. 2 and 3. After payment of the proper stamp duty and registration fee, the sale-deed could be registered on 17.03.2016. After registration of the sale-deed, when the complainant moved an application for mutation of his name in the revenue records of the subject land and vide order dated 28.04.2018, his name is ordered to be mutated in the revenue records by the concerned Tahsildar. 3. The respondents No. 2 and 3 have preferred an appeal against the order dated 28.04.2018, before the Sub-Divisional Officer (Revenue), Korba, which was dismissed vide order dated 18.01.2019. The respondents No. 2 and 3 again approached before the Tahsildar, Korba 3 and then the Tahsildar, Korba called a report from the concerned Patwari pertaining to the subject land, who has submitted his report on 15.05.2018 and on the basis of the said report, submitted by the Patwari, the Tahsildar has again passed an order on 11.03.2019 stating therein that, though the name of the respondent No.3 was recorded in the revenue records as the owner of the subject land, but there is no such land on the spot, and an order of mutation has already been passed on 13.10.2016 with respect to 0.024 hectare of the land in Revenue Case No. 283/A-6/2015-16 and as such the subject land cannot be mutated in the name of the complainant. After passing of the order by the Tahsildar, the complainant felt cheated by the accused persons and after verifying the revenue documents, he made a complaint on 10.07.2020 to the Superintendent of Police, Korba, on which an FIR of Crime No. 613/2020 was registered at police station Kotwali, outpost Manikpur, district Korba for the offence under Sections 420 and 120-B of the IPC. After due investigation, the charge sheet was filed against the respondents No. 2 and 3, in which the Criminal Case No. 2912 of 2022 is registered before the learned Judicial Magistrate First Class, Korba and pending for its consideration. 4. In the criminal case, an application under Sections 242(2)/91 and 311 of the CRPC was filed by the prosecution on 06.08.2024 by filing certain documents, which are the documents related to the revenue proceedings at various places; like Revenue Board, Tahsil Court, Korba, Municipal Corporation, Korba and also the receipt of the sale-deed and also claimed recall of the witness Madan Mishra/PW-2 for his re- 4 examination. The accused persons replied the application of the prosecution and objected that, the additional documents cannot be taken into consideration in the manner, in which it has been filed. The documents are not relevant with the subject matter of the present case and the similar nature of the application has already been decided by the learned trial Court earlier and claimed dismissal of the application filed by the prosecution, therefore, the application of the prosecution is liable to be dismissed. 5. The learned trial Court after hearing the parties, decided the application filed by the prosecution vide order dated 17.10.2024 and rejected the application holding that the provisions of Section 242(2) of the CRPC cannot be invoked by the prosecution for submitting a new document or recalling of the witness for his re-examination. 6. The order dated 17.10.2024, passed by the learned trial Court was challenged by the prosecution by filing a Criminal Revision No. 47 of 2024, before the learned Sessions Judge, Korba and after hearing the parties, the criminal revision filed by the prosecution has been dismissed vide order dated 17.03.2025 affirming the order passed by the learned trial Court. The said order dated 17.03.2025 is under challenge in the present petition. 7. Learned counsel for the petitioner would submit that the learned trial Court as well as the learned Revisional Court have erred in considering the provision and scope of Section 242(2) of CRPC and has come into an erroneous conclusion rejecting the application filed by the 5 prosecution. The document produced by the prosecution is very relevant for just decision of the case. The relevant document was obtained under RTI by the brother of the complainant and to assist the prosecution, the same has been filed. He would further submit that the prosecution can admit the documents at any time during the trial of the case and it is not limited to only listed documents along with the charge sheet, therefore, the impugned order suffers from perversity and illegality and the same are liable to be set aside. 8. Learned counsel for the State would submit that, the application filed by the prosecution is dismissed by the learned trial Court as well as the Revisional Court and since the application of the petitioner was dismissed, he could not oppose the prayer made by the present petitioner. 9. I have heard learned counsel for the parties and perused the material annexed with the petition. 10. From perusal of the application filed by the prosecution before the learned trial Court, it reflects that the prosecution sought admission of the documents, which relates to the construction permission of the house over the plot No. 529/3(kha), area 75 dismils and the certified copy was obtained from Municipal Corporation, Korba. The order passed by Board of Revenue, Bilaspur, order dated 21.08.2018, passed by Tahsildar, Korba and sale-deed of Ujjwala Rathore and the receipt of the sale-deed and also the copies of the receipt of the property tax paid by the accused persons. It also reflects that by the said application, the 6 prosecution sought for recalling of PW-2/Madan Mishra for his re- examination. 11. The provisions of Section 242(2) of CRPC provides that the Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing. The provision of Section 242(2) of CRPC is not applicable with respect to the documents, which are subsequently collected by the prosecution. The documents, which are sought to be produced, are not the part of the charge sheet. The prosecution could not be abled to explain about relevancy of the documents with the subject matter of the present case and the same has been filed after about 02 years of filing of the charge sheet. It also reflects from the order passed by the Revisional Court that the application of the similar nature filed by the complainant Jagdish Mishra was allowed vide order dated 16.10.2023. 12. If the prosecution considered that certain additional new facts, which are relevant to the case, came into knowledge or discovered, which does affect the merits of the case are relevant in the subject matter, he further investigate into the matter after due permission of the concerned Magistrate and to file the additional evidence by resorting the provisions of Section 173(8) of the CRPC, which is not the provision in the present case, but the prosecution sought admission of the documents by way of Section 242(2) of CRPC. 13. Although the petitioner can be put in the definition of victim as provided under Section 2(wa) of the CRPC, but he has no right to claim 7 admission of the document in criminal case. A separate procedure and mechanism under the CRPC are provided for admission of documents in the criminal case after filing of the charge sheet. In the present case, the prosecution has not challenged the impugned order passed by learned Revisional Court, but the complainant has filed the present petition claiming the admission of the documents filed by the prosecution. 14. Further, the claim of the prosecution for recalling of the PW-2/Madan Mishra is also not found proper, as he has already examined and cross- examined and calling of the witnesses for their re-examination would amount to fulfill of the lacuna, which is not the object and scope of Section 311 of the CRPC. 15. For the foregoing reasons, this Court does not find any illegality or perversity in the order impugned and there is no scope for interference by invoking the provisions of Section 528 of BNSS 2023 conferred upon this Court. Accordingly, the petition is liable to be and hereby dismissed. Sd/- (Ravindra Kumar Agrawal) Judge ved