1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Writ Petition No.828 of 2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. A copy of report of inspection was placed on record in a Criminal Case No.(RCC No. 233/2003). The original report does not produce because allegedly, due to bifurcation of the record of MSEB and MSEDCL, the earlier report could not be located. The complainant produced a letter issued by the concerned office in support of his request to adduce secondary evidence. Therefore, the complainant prima facie made out a ground to show that the original document was not likely to be made available though due diligence was exercised. The learned Judicial Magistrate allowed the request for production of secondary evidence i.e. the xerox copy of the report in view of Section 65(c) of the Evidence Act. The production is allowed. The complainant would be at liberty to give proof about loss of the original document or unavailability thereof when the oral evidence is being tendered and moreover, may give proof about the contents of the copy but it is a procedural part which would be required to be followed at the time of the trial. For the present, the impugned order does not suffer from any arbitrariness. The petition is dismissed. 3. All the points are kept open. (V.R.KINGAONKAR,J.) Dt.29.09.2009. asp/office/Crwp828.09