Help for supreme court ruling on case of ipc 467/468/471/476/420/193/196/197/ 120b
Ratnesh Vidyarthi
(Querist) 14 August 2016
This query is : Resolved
For getting an Anticipatory Bail an original certificate is submitted in Court District Judge as a Annexure of the Petition.
Later the Same certificate becomes controversial due to Police department manipulation and the signatory authority is denning that I have issue the certificate.
For submitting of Forged Document Case is lodged under IPC 467/468/471/476/420/193/196/197/ 120B. and presently case is on court trial.
Fortunately, the submitted papers are destroyed under court regulation “ to destroy the old records”.
Now the opposite party is trying to conduct the case on Photo copy and prying to court for issuing authority who already denied in front of Police enquiry.
So, requesting to help me with the Supreme Court Decisions.
Any Judgment of the Supreme Court that No Court trial will be conducted on Photo Copy of controversial documents or in case of Original is not available, so no question of calling to the signing Authority as witness?
Ratnesh Vidyarthi
(Querist) 14 August 2016
For getting an Anticipatory Bail an original certificate is submitted as an Annexure of the Petition in Court of District Judge.
Later the Same certificate becomes controversial due to Police department manipulation and the signatory authority (Asst. Sub Inspector) is denying in front of Police inquiry that I have issued the certificate.
For submitting of Forged Document, Public Prosecutor (PP) has lodge the Case under IPC 467/468/471/476/420/193/196/197/ 120B. Presently case is on Argument stage in trial court.
But opposite party becoming instrumental in the matter and want to call the Signing Authority as witness of the case and praying to court for the same.
Fortunately, the submitted papers are destroyed under court regulation “ destroy the old records”.
Now the opposite party is trying to conduct the case on Photo copy.
So, requesting to help me with the Supreme Court Decisions.
Any Judgment of the Supreme Court that No Court trial will be conducted on Photo Copy of controversial documents or in case of Original is not available, so no question of calling to the signing Authority as witness?
Rajendra K Goyal
(Expert) 14 August 2016
Judgment / reference cases / ruling / citation / decided cases not supplied in this section.
R.K Nanda
(Expert) 14 August 2016
Citations not supplied.
Ratnesh Vidyarthi
(Querist) 14 August 2016
please ignore the heading and read the details.
adv.bharat @ PUNE
(Expert) 14 August 2016
Police department manipulation
What does it mean?
If u explain it then we may consider it.
P. Venu 
(Expert) 15 August 2016
Please post the simple facts, devoid of subjective opinions.
Ms.Usha Kapoor
(Expert) 15 August 2016
Dear Client,
Under Section 63 of Indian Evidence Act the existence of a document may be proved by producing the original or primary evidence. Under section 64 and 65 of the same Act photo copies of original are admissible as evidence if the original is destroyed or lost or mutilated. If an expert had seen physical appearance of those documents, tape recorders, video tapes, audio tapes by examining the handwriting expert who had seen their originals handwriting or forensic expert prior to their destruction then existence of original in place of duplicate or photo copies maybe proved and a conclusive finding or judgement may be given on such secondary evidence after examining the evidence from Scientific and legal angles photo copies being doctored etc.. Secondary evidence/photo copies of All Public documents are admissible in evidence as primary if original is lost. So your chances of getting anticipatory bail is grim.So under certain exceptional circumstances as cited by me as above secondary evidence may be admissible or photo copies may be relied upon by the trial court to arrive at a finding or conclusion on a point.
