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IN THE HIGH COURT OF ALLAHABAD
Raj Beer Singh, J.
Radha Mohan Dwivedi – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. application under section 482 (Para 3 , 13) |
| 2. impugned order is against law (Para 4) |
| 3. opposed the application (Para 5 , 7) |
| 4. considered the rival submissions (Para 6) |
| 5. quote the provisions of section (Para 8) |
| 6. secondary evidence can be led (Para 9) |
| 7. proper course would be (Para 10) |
| 8. the case of prosecution (Para 11) |
| 9. impugned order is set aside (Para 12) |
JUDGMENT :
Raj Beer Singh, J.
1. Supplementary affidavit filed by learned counsel for the applicant, is taken on record.
2. Heard Sri Kamal Krishna, learned Senior Advocate, assisted by Sri Aditya Bhushan Singhal, learned counsel for the applicant and Sri Gyan Prakash, learned Dy. Solicitor General of India, assisted by Sri Sanjay Kumar Yadav, learned counsel for CBI and perused the record.
3. This application under section - 482 Cr.P.C. has been preferred against order dated 11.08.2023, passed by the Additional Sessions Judge, Court No. 7, Muzaffarnagar in Special Case No. 02/2004 (State Vs. Radha Mohan & Others), whereby the application filed by the C.B.I. / prosecution seeking permission to prove certain documents (photo-copies) by way of secondary evidence, has been allowed.
4. Learned Senior Advocate appeari
Secondary evidence is only admissible under specific conditions outlined in Section 65 of the Evidence Act; blanket permission for secondary evidence without details of missing originals is erroneous....
Will - Proof of documents by primary evidence.—Documents must be proved by primary evidence except When the original is shown or appears to be in the possession or power— of the person against whom t....
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