Sunday 29 April 2018

SC:When Trial Court Records Are Summoned By Higher Courts Only Photocopy/Scanned Copy Of The Records Need To Be Sent To Avoid Delay

To give effect to directions in judgment of this Court
dated 28th March, 2018, noted above, we direct that wherever
original record has been summoned by an appellate/revisional
court, photocopy/scanned copy of the same may be kept for its
reference and original returned to the trial courts forthwith.
5. We also direct that if in future the trial court record is
summoned, the trial courts may send photocopy/scanned copy of
the record and retain the original so that the
proceedings are not held up. In cases where specifically2
original record is required by holding that photocopy will not
serve the purpose, the appellate/revisional court may call for
the record only for perusal and the same be returned while
keeping a photocopy/scanned copy of the same.
Reportable
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS. 1375-1376 OF 2013
ASIAN RESURFACING OF ROAD AGENCY P. LTD. 
Versus
CENTRAL BUREAU OF INVESTIGATION 
Dated:April 25, 2018.


1. Heard learned counsel for the parties.
2. In view of judgment of three Judge Bench dated 28th March,
2018 and after considering the material on record, we do not
find any ground to interfere with the order framing charge.
3. Accordingly, the trial court is directed to proceed with
the matter pending before it. All contentions of the parties
are left open which may be gone into by the trial court.
Parties are directed to appear before the trial court on 14th
May, 2018.
4. To give effect to directions in judgment of this Court
dated 28th March, 2018, noted above, we direct that wherever
original record has been summoned by an appellate/revisional
court, photocopy/scanned copy of the same may be kept for its
reference and original returned to the trial courts forthwith.
5. We also direct that if in future the trial court record is
summoned, the trial courts may send photocopy/scanned copy of
the record and retain the original so that the
proceedings are not held up. In cases where specifically2
original record is required by holding that photocopy will not
serve the purpose, the appellate/revisional court may call for
the record only for perusal and the same be returned while
keeping a photocopy/scanned copy of the same.
6. A copy of this order be sent to all the High Courts.
The appeals are disposed of.
………………………………………….J.
[Adarsh Kumar Goel]
………………………………………….J.
[Rohinton Fali Nariman]
New Delhi,
April 25, 2018.3

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