Rambharosi Lal Garg S/O Shri ... vs State Of Rajasthan
2022 Latest Caselaw 6258 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 6894/2022

Rambharosi Lal Garg S/o Shri Brijlal Garg, R/o B-129, Dev
Nagar, Tonk Road, Jaipur At Present Retired Executive Engineer
And    Investigation       And      Development            Officer,     Sahibi   Nadi
Pariyojna Forest Department, Jaipur.
                                                                        ----Petitioner
                                      Versus
State Of Rajasthan, Through P.P.
                                                                      ----Respondent

For Petitioner(s) : Mr. Sunil Kumar Jain For Respondent(s) : Mr. Prashant Sharma, PP

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

20/09/2022

The petitioner is facing trial in connection with case No.

38/2022 for offences under Prevention of Corruption Act.

Aforesaid trial arises out of FIR No. 145/1996. Charge against the

petitioner is that in between 1970 to 1996, petitioner being

executive engineer acquired property disproportionate to the

known source of his income. Petitioner filed income tax return of

the assessment year 1963-64, 1964-65, 1973-74, 1974-75 in the

name of M/s Sanwardas Brijlal, a Hindu Undivided Family. Brijlal

was father of the petitioner and Sanwaldas was uncle of the

petitioner.

By the impugned order dated 12.07.2022 court below

refused to take those documents on record on the ground that the

same does not relate to the petitioner as it is not in the name of

(2 of 2) [CRLMP-6894/2022]

the petitioner nor the same relate to the relevant period, i.e.

1970-1996.

Probative value of any evidence and its admissibility stands

on different footing. No trial court can debar any party from

bringing oral and documentary evidences on the record as desired

by the party. The relevancy of document brought and its probative

value would be considered only at the stage of final judgment. If

the trial courts are permitted to stop the parties from bringing

evidence, on the record it may lead to miscarriage of justice as

the superior courts would be deprived of the opportunity to

examine whether those evidences were relevant or not or had any

probative value or not and whether non-acceptance or non

consideration of the same by the trial Judge was just and proper

or not.

Therefore, the impugned order is not sustainable in law and

is hereby quashed and petition is allowed.

Let the referred documents be exhibited according to law on

behalf of the accused.

(BIRENDRA KUMAR),J

ashu /94

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