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2006 Supreme(Pat) 655

INDU PRABHA SINGH
Chumman Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

Indu Prabha Singh, J.

1. This is an application filed u/s. 482 of the Code of Criminal Procedure, 1973(in short the Code). It is directed against the order dated 3.6.2006 passed by Addl. Sessions Judge, IX, Muzaffarpur in S.T. No. 866 of 2005 by which the learned court below has admitted the carbon copies of the medical certificates as primary evidence and taken has (sic) the same into evidence.

2. From the facts of this case it would appear that before (sic) the learned court below the present petitioners who figured as accused had prayed that the original medical certificates may be called for alongwith an agreement with which for the present I am not concerned . The carbon copies of the medical certificates (Annexures 4 and 4/A) were on record. On behalf of the petitioners it was objected that the carbon copies were secondary piece of evidence and they should not be admitted unless the neccessary legal requirements are fulfilled. The learned court below has rejected this prayer of the petitioners am treating the carbon copies as primary evidence admitted the same into evidence. It is against this order that the present application has been filed.

3. The only question for










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