R N KAPOOR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Pradeep Chandra, learned Counsel for the applicant and Sri G.S. Hajela, learned Counsel for the C.B.I.

(2.) This application has been filed by the applicant R.N. Kapoor against the order dated 28.4.2006 passed by the learned Special Judge Bhrastachar Nivaran (Central) Lucknow in case No. 1 of 1991 under Sections 120-B, 420, 467, 468, 471, I.P.C. P.S. C.B.I. Lucknow.

(3.) It is contended by the learned Counsel for the applicant that vide order 28.4.2006 one witness Umesh was summoned to prove the Photostat copy of the document but subsequently the photo state copy of the document was admitted by the prosecution. Therefore, the trial court has passed the order dated 26.5.2006 by which the application for summoning the witness Umesh has been rejected on the ground that the document concerned has already been admitted by the prosecution. The impugned order dated 26.5.2006 is illegal it may be set aside otherwise a controversy shall be created by the prosecution by saying that the photostat copy of any document is not admissible.