- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.650 OF 2009 WRIT PETITION NO.650 OF 2009 WRIT PETITION NO.650 OF 2009 Harivijay Babasaheb Ghodke ...Petitioner vs. Aishwarya @ Ranjana Harivijay Ghodke ...Respondent Mr.Mandar Limaye for the petitioner Ms A.T.Javeri A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : APRIL 15,2009 : APRIL 15,2009 : APRIL 15,2009 P.C.: P.C.: P.C.: 1. Heard the Advocate for the petitioner. He states that the prayer in this petition is confined to the document at Serial No.21 of the list of documents produced by the petitioner on 1st December 2008. The said document is a statement in writing of the first respondent allegedly recorded by an Officer of Laxmipuri Police Station, Kolhapur. An application was made by the petitioner seeking permission to lead secondary evidence of the said document by producing a xerox copy thereof. The said application has been rejected by the learned Judge only on the ground that the certified copy of the said document is not produced and hence a xerox copy of the said document cannot be read in evidence. Thus, according to the impugned order, if certified copy of the document is produced, it can be read in evidence. 2. The learned counsel for the petitioner submitted that a certified copy of the said document may not be available and - 2 - may not be provided to the petitioner. There is nothing on record to show that the petitioner had applied for grant of certified copy of the said document. Therefore, at this stage, this petition need not be entertained. 3. Hence, I pass the following order : i) It will be open for the petitioner to apply for certified copy of the said document. If certified copy is supplied to the petitioner, he will be entitled to file the same on record of the trial court. ii) If the concerned authority declines to make available the certified copy of the said document, it will be open for the petitioner to file a fresh application before the trial court for leading secondary evidence of the said document. If such application is made, the trial court will decide the same on its own merits without being influenced by the impugned order dated 26th December 2008. iii) The petition is disposed of on above terms. iv) Parties and all concerned authorities to act upon an authenticated copy of this order. - 3 - JUDGE JUDGE JUDGE