THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7035 of 2011 ORDER: Petitioner approached this Court with a prayer to set aside order dated 13.06.2011 in Crl.M.P.No.190 of 2010 in C.C.No.593 of 2009 on the file of XVI Metropolitan Magistrate, Cyberabad, Kukatpally at Miyapur, whereby the petition filed by the petitioner/complainant to receive the Xerox copy of registered letter dated 04.02.2006 returned on 26.02.2006 and to mark the same on his behalf, was dismissed. Heard. Learned counsel for the petitioner submitted that the petitioner, who is the complainant in the case, lost the cover of the original returned registered statutory notice sent to the accused, as such, he filed a petition in Crl.M.P.No.190 of 2010 to receive the Xerox copy of registered letter dated 04.02.2006 returned on 26.02.2006 and to mark the same on his behalf, but the trial Court dismissed the said petition vide impugned order dated 13.06.2011. Learned counsel further submitted that the cover of the original returned registered notice was misplaced by the earlier counsel engaged by the petitioner before the Court below. Perused the material on record. Considering the facts and circumstances of the case and hearing the submissions of the learned counsel for the petitioner, this Court is of the view that the petitioner may be permitted to file the Xerox copy of the registered letter dated 04.02.2006 returned cover on 26.02.2006 before the Court below and it can be treated as secondary evidence. Thereupon, the learned Magistrate shall accept the same and decide whether the same can be acted upon during the time of trial. With the above observations, the criminal petition is disposed of. ____________________ JUSTICE RAJA ELANGO 21.09.2011 v v