Private documents like telephonic conversation cannot be considered at stage of framing charges: MP High Court

Madhya Pradesh High Court: In an application filed under Section 482¹ of the Criminal Procedure Code, 1973 (CrPC) seeking to recall the order dated 30-05-2024 on the grounds that the court had overlooked a telephonic conversation that was submitted along with the original application, a single-judge bench of G.S. Ahluwalia, J., emphasised the limitations imposed by Section 362² of CrPC and upheld the original order. The Court held that “the document on which applicant wants to place reliance is not a public document and a private document cannot be considered unless and until it is proved in accordance with law” and dismissed the application on the grounds that no interference was warranted.

The Court referred to State of Orissa v. Debendranath Pandhi, (2005) 1 SCC 568, where the Supreme Court held that an accused has no right to file a document in his defense at the stage of framing of charges. The Court noted that the document in question, i.e., telephonic conversation, is a private document not a public one, and therefore, cannot be considered unless proved according to the law.

The Court noted that under Section 362 of CrPC, the court is barred from altering or reviewing its own judgment or order once signed, except to correct a clerical or arithmetical error. The Court stated that if the applicant believes the order is erroneous, the proper remedy is to appeal to a higher forum as the Court is restricted by Section 362 of CrPC from altering or reviewing its own orders on merits.

The Court considered the argument advanced and concluded that the present application lacks merit. The Court held that no case was made out for interference and dismissed the application.

[Amit Khampariya v. State of M.P., 2024 SCC OnLine MP 4913, Decided on -05-2024]

Advocates who appeared in this case:

Shri Vikas Mishra, Counsel for the Applicant

Shri Dilip Parihar, Counsel for the State