1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Writ Petition No.188/2009 (Raakesh Rambilash Gupta .vrs. Smt. Rashmi Raakesh Gupta) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. V.A. Madnani, Advocate for the petitioner. ......... CORAM : P.D. KODE, J. DATED : JUNE 12, 2009 Heard. The petitioner seeks for exercising extraordinary jurisdiction of this court for setting aside order dated 27.2.2009 passed on Exh.9 in Misc. Criminal Application No.224/2008 pending before the Court of Judicial Magistrate, First Class, Kamptee. The said application was filed by the respondent/wife against the petitioner/husband under section 125 of the Code of Criminal Procedure for grant of maintenance. The petitioner, after appearing in the said matter, had filed his reply to the main application on 27.2.2009 and moved application Exh.9 for permitting 2 him to file the documents as per the list on the count of the same being essential for fair decision of the case. The said application was resisted by the respondent vide say inter alia contending that the documents sought to be filed were the xerox copies and as such the same were not admissible and hence production of the same should not be permitted. The lower court, by the order impugned in the petition, has rejected the said application on the count all the documents sought to be filed being the xerox copies and hence being not admissible in law. Though learned counsel for the petitioner has urged that the petitioner had sought the permission to file the xerox copies as he was requiring the same for and/or proceeding between the same parties pending before Bangalore, such a reason being not found to be incorporated either in the application made by the petitioner before the lower court or even in the petition which is filed before this Court, having regard to fact that xerox copies of any documents cannot be said to be admissible in an evidence in the event of the same being objected by adverse side it is difficult to find any fault with the order passed by the lower court. 3 Having regard to the same, it is difficult to perceive of any case being made out for exercising special jurisdiction of this court under Article 227 of the Constitution of India. In view of the same there being no merit in the petition, the same deserved to be dismissed. However after taking into account the reason for which the xerox copies were intended to be placed before the court rather than original being not placed before the lower court and said aspect being not considered by the lower court, the liberty as prayed now by the learned counsel for the petitioner deserves to be given for allowing him to move appropriate application before the lower court mentioning all the relevant facets and the reasons because of which he intends to place on the record the xerox copies instead of original documents and/or for obtaining appropriate order upon such application. In event of the petitioner making such application, the lower court shall consider the same on its merit influenced by the rejection of the earlier application for serving the ends of justice. JUDGE Gulande