JAI KISHAN Vs. STATE OF H.P.

JUDGEMENT

(1.) THE present petition has been filed challenging the order, dated 20.4.2010, passed by the learned Chief Judicial Magistrate, Sirmour at Nahan under Section 457 Cr.P.C., rejecting the prayer for the release of the original marks sheet pertaining to the Petitioner.

(2.) WE have considered the facts of the case. The case in question has already been decided by the court in the year 2005 on 7.9.2005 and no appeal against the order of acquittal has been preferred by the State, as stated by the learned Counsel for the Petitioner. The original marks sheet is required by the Petitioner, to be produced before the authorities. The impugned order, as such, is set aside. The original marks sheet will be returned to the petition on his furnishing bond to the tune of Rs. 10,000/ - to produce the original marks sheet as and when required in connection with any proceeding(s). The photo copy of the marks sheet shall be placed on the record by the Petitioner and thereafter the original document of the marks sheet shall be returned to the Petitioner. The document in question shall not be destroyed by the Petitioner. The petition is allowed and the impugned order is set aside with these directions. A copy of this order shall be produced before the learned Chief Judicial Magistrate and needful shall be done within a month thereafter. The record of the learned Chief Judicial Magistrate shall be returned along with the copy of this order.