K. SHIVARAMA SHETTY S/O. LATE K B SHETTY Vs. CENTRAL BUREAU OF INVESTIGATION BELLARY ROAD, BANGALORE REP, BY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE prosecution had filed an application under Section 311 for production of certain documents reading as hereunder: MY IT PLEASE YOUR HONOUR. It is submitted that this Hon'ble Court directed the prosecution to produce the original documents pertaining to this case. It is submitted on the basis of this direction the prosecution requested the Vijay Bank to produce the original documents pertaining to this case. The Vijaya Bank informed that the original documents are not readily available, on the other hand on the basis of certified copy of the documents they can produce one set of certified copies of documents for the purpose of trial of this case and accordingly, The Vijaya Bank handed over one set of certificate copies of the documents relied upon by the prosecution to prove the charge against accused. Today, the prosecution produced the same and with the sufficient sets of same copies of the certified documents, in order to furnish to the accused. PRAYER It is appropriate that this Hon'ble Court may please to permit the prosecution to mark the certified documents produced by Vijaya Bank to CBI in this case for just decision of the case and in the interest of the case and thus render justice.This application was opposed by accused.

(2.) THE learned Judge accepted the application in terms of the following order: That both sides on the application, in view of the affidavit of Sri B. Karunakar Shetty, Chief Manager, Vijaya Bank and the enabling rule element reflected in the words "and copies compared with such copies" occurring in S.63(2) of Indian Evidence Act, 1872, The application of prosecution and under Section 311 of Cr.P.C. merits to be allowed and is accordingly allowed.

(3.) AS could be seen from application, the prosecution intends to produce certified copies of certain documents on the ground of non availability of original documents.