1 I N THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 265 OF 2010 Central Bureau of Investigation (Anti Corruption) v. Dajiba Fagoji Koche ------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's and Registrar's orders orders ------------------------------------------------------------------------------------------------------------------- Mr. A.M. Ghare Advocate for applicant/respdt. Mr. D.B. Patel, A.P.P. for the N.A./ori. applicant. ..... CORAM: A.B.CHAUDHARI, J. DATED : 13 th APRIL, _2010. This application for speaking to minutes has been filed by original respondent on the ground that the averments in the reply were to be sworn on the date on which reply was tendered before the Court. 2. I have gone through the reply that was filed in the matter. Perusal of the reply as well as the impugned order of the trial Judge shows that the prosecution had failed to file original documents along with the charge-sheet and that is why the Court did not allow leading of secondary evidence. The trial Court as well as the counsel were sure about non filing of original documents by C.B.I. In view of this, I have perused the 2 first page of the charge-sheet where there is acknowledgment under signature and rubber stamp and Seal of the Court of Chief Judicial Magistrate, Nagpur, with date 5.12.1997 and the acknowledgment reads “received original charge-sheet along with original documents and statements of witnesses as per list.” Thus, it is clear that on 5.12.1997 when the charge-sheet was filed, the original applicant/C.B.I. had filed original documents as well as original statements of witnesses and original charge-sheet in the Court. Therefore, the statement made that the trial Court and counsel were sure about non-filing of original documents, is incorrect. This statement is being repeatedly made without verifying the record. This application and the affidavit dated 2.3.2010 have been drafted without looking into the records carefully. In view of this, the motion for speaking to minutes will have to be dismissed with costs. Hence, the application is dismissed with costs of Rs.1,000/- payable to C.B.I. within four weeks. JUDGE /TA/ 3