RAJ KUMAR JAIN Vs. VIII ADDL. DISTRICT JUDGE AND OTHERS
LAWS(ALL)-1991-1-165
HIGH COURT OF ALLAHABAD
Decided on January 31,1991

RAJ KUMAR JAIN Appellant
VERSUS
Viii Addl. District Judge And Others Respondents

JUDGEMENT

Sudhir Chandra Verma, J. - (1.) THE petitioner is aggrieved by the refusal of summoning of the original report which contained the affidavit of Munnilal dated 15.4.1984 in proceedings under Section 126 Cr.P.C. in Case No. 5 of 1983. The learned Judge has refused this prayer mainly on the ground that a certified copy has already been filed of the document for which the original record is sought to be summoned. Learned counsel for the petitioner stated that since the execution of the document has been denied by endorsement 'not admitted', it would be necessary to summon the original document. In my opinion, this is not correct. Mere endorsement of 'not admitted' would not mean that the certified copy of the document is not the copy of the original document. The learned Judge has not applied his mind so far to come to the conclusion that the certified copy of the document is not the correct copy. In the event the learned Judge comes to the conclusion that the certified copy is not the correct copy of the document containing the contents of the same, it would be open for him to summon the original record to ascertain the authenticity of the document.
(2.) WITH these observations, this petition is disposed of. The interim order is discharged.;


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