Indu Prabha Singh, J.

1. This is an application u/s. 482 of the Code of Criminal Procedure, 1973 (in short the Code). It is directed against the order dated 3.8.2005 passed by the learned Fast Track Court, Additional Sessions, IV, Nawadah in S.T. No. 77 of 2003 by which the Court had allowed the prosecution to prove the photocopy of the injury report as secondary evidence.

2. From the facts it would appear that a case against the petitioner and four others was instituted under various Sections of the India Penal Code and also u/s. 27 of the Arms Act. The charge-sheet was submitted against them. The cognizance of the offence was taken and the case was committed to the Court of session for trial. In the course of the trial the photocopy of the injury report which was available in the case diary was sought to be proved by the prosecution. This was opposed by the present petitioner. The original injury report was called for by an order dated 17.2.2006. It, however, appears that in compliance of this order no notice was sent to the Investigating Officer for producing the original injury report. On his behalf, however, a letter was received from the Superintendent of Police, Nawa