AMRIT LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision is directed against the order D/- 23-1-96 passed by the learned Chief Judicial Magistrate, Jalore whereby he framed charges under Ss. 420, 467, 468 and 471, I. P. C. against petitioner Amritlal.

(2.) Mr. Kumbhat contended that the basis of the charge is the carbon copy of the cover note D/- 14-2-92 and as the carbon copy is not primary evidence, charges could not be framed. Pointing out that the prosecution has not obtained permission to lead secondary evidence, he submitted, this document could not be used for framing charges. He placed reliance on the following cases :-

(3.) On the other hand Mr. Upadhyaya, learned Public Prosecutor supported the order.