By way of present Revision Application the present applicant - original accused has challenged the order dated 25.4.2012 passed in Criminal Case No.336 of 1995 by the learned Civil Judge & Judicial Magistrate, First Class, Botad.
Heard Mr.H.H.Dave, learned advocate for the applicant. He has submitted that the learned Judge has committed grave error of law. As per provisions of law certified copy should be treated as secondary evidence. But the learned Judge has not entertaied the prayer of the present applicant. Therefore, he has submitted to allow present application.
Heard Mr.K.P.Raval, learned APP for the respondent - State. Mr.Raval has drawn attention of the Court to the provisions of Section 77 of the Evidence Act and submitted that only certified copy can be exhibited which is a public document. Here, in this case the letter is not a public document and therefore, it cannot be exhibited. He has further submitted that the said document is already produced in the Civil Suit and present applicant can make prayer before the learned Judge for production of that letter with the original documents.
Mr.H.H.Dave, learned advocate seeks permission to withdraw this application. Permission as prayed for is granted. This apaplication stands disposed of as withdrawn.
(Z. K. SAIYED, J.) kks Top