TMI Blog2014 (2) TMI 193X X X X Extracts X X X X X X X X Extracts X X X X ..... but, prove such copies as original. There is no need to file or show the original documents before the trial Court. Under such circumstances, the application of the prosecution appears to be a formality. The prosecution could prove the copies of the documents as mentioned under Section 36B of the Act and therefore, if the revisionary Court has accepted the application filed by the prosecution then no illegality or perversity has been done by the revisionary Court - since there is no basis by which the revision filed by the applicants can be accepted. The present revision is hereby dismissed by confirming the order passed by the revisionary Court - Decided against Revisionist. - Criminal Revision No. 292 of 2011 - - - Dated:- 25-4-2013 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wara and allowed the application. 4. I have heard the learned counsel for the parties at length. 5. The learned counsel for the applicants has submitted in detail that such type of application could not be accepted because the original documents were in the custody of the prosecution itself and therefore, no secondary evidence could be adduced. In support of their contention reliance was placed upon the judgment passed by Hon ble the Apex Court in the case of Union of India and Another v. Deoki Nandan Aggarwal - (AIR 1992 SC 96) and also a judgment passed by the Division Bench of this Court in the case of Smt. Rekha Rana and Others v. Smt. Ratnashree Jain - (AIR 2006 M.P. 107) was referred. 6. On the other hand the learned counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he documents as mentioned under Section 36B of the Act and therefore, if the revisionary Court has accepted the application filed by the prosecution then no illegality or perversity has been done by the revisionary Court. 8. On the basis of the aforesaid discussion since there is no basis by which the revision filed by the applicants can be accepted. The present revision is hereby dismissed by confirming the order passed by the revisionary Court. 9. Copy of the order be sent to the trial Court as well as the revisionary Court with the information that trial Court shall proceed with the case and the application filed by the prosecution under Sections 65, 74, 78 and 79 of the Evidence Act is accepted. The trial Court is also informed th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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