1. This petition is filed under Articles 226 and 227 of the Constitution of India challenging the order dated 20.7.2009 passed by the Revisional Court in exercise of powers under section 397 of the Code of Criminal Procedure in Criminal Revision Application No.106/2008 by which order dated 17.4.2008 passed below Exh. 74 in Criminal Case No.18464 of 2002 by the learned 4th Addl.Senior Civil Judge and Judicial Magistrate First Class, Bharuch came to be confirmed.
2. Mr S K Bukhari, learned Advocate appearing fro the petitioners placed reliance on a decision of the Apex Court reported in AIR 2007 SC 1721 in the case of J. Yashoda v. K. Shobha Rani and submitted that xerox copy of the documents could not have been exhibited being secondary evidence and, therefore, the courts below have committed error of law and the impugned orders deserve to be quashed and set aside.
3. Having perused the record of the case and the orders passed by the courts below, the decision of the Apex Court in the case of Bipin Shantilal Panchal v. State of Gujarat reported in AIR 2001 SC, page 1158 relied on and considering the law laid down by the Apex Court permitting marking of exhibits of the documents in question tentatively, which cannot be said to be contrary to law, which deserves no interference in exercise of extra ordinary jurisdiction under Articles 226 and 227 of the Constitution of India. This petition is rejected accordingly. Direct service is permitted.
[ANANT S. DAVE, J.] msp Top