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2016 Supreme(Online)(Gau) 31

TRIPURA HIGH COURT
Mr. A. Ghosh, J
State of Tripura v. Dipankar Majumder and Others


Advocates:
For the Appellants/Petitioners: Mr. A. Ghosh

1. The instant criminal petition is taken up for final disposal at the admission stage, as agreed to by Mr. A. Ghosh, learned Public Prosecutor.

2. The instant application is filed under S.482 of the Code of Criminal Procedure for setting aside the order dated 10.03.2015 passed by the learned Additional Sessions Judge (Court No. 5) West Tripura, Agartala in S.T.(T - 1) 100 of 2014 wherein the learned Additional Sessions Judge rejected the prayer to admit the Compact Disk (in short hereinafter referred to as CD) in the evidence on the ground that the I.O did not collect any certificate in respect of the CD, in question, as required under S.65 B(4) of the Evidence Act , as laid down by the Hon'ble Supreme Court in Anvar P. V. v. P. K. Basheer and Others, reported in AIR 2015 SC 180.

3. Mr. A. Ghosh, learned PP while urging for quashing the impugned order submits that the CD which was produced before the I.O was an unknown person. Thus, no certificate could be collected by the I.O. He further submits that the CD which was tendered is necessary for deciding the sessions trial being No. ST(T - 1) 100 of 2014.

4. This Court has gone through the impugned order as well as the provisions of S








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