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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4356 of 2024 Court No. - 93 HON'BLE HARVIR SINGH, J.
1. Heard learned counsel for the revisionist, learned counsel for the opposite party no. 2, learned A.G.A. for the State and perused the record. 2. The present revision has been filed against the order dated 10.6.2024, by which the application of the revisionist moved under Section 91 Cr.P.C. has been rejected. 3. The prayer of the revisionist is that the original copies of certain documents, whereof certain photocopies of those are not legible, be summoned from Assistant Regional Transport Officer (ARTO) office, Jaunpur and same be placed on record. 4. Learned counsel for the revisionist has submitted that the photostat copies those have been placed on judicial record are not legible and that is why the original copies are being summoned from Assistant Regional Transport Officer (ARTO) office, Jaunpur. He next submitted that the original papers as referred in the revision are in the custody of someone namely, Chandrabhushan Tiwari, the Head Clerk of A.R.T.O. office, Jaunpur, whose statement has been recorded on 17.01.2008, in which the said fact has been admitted that, there are total pages (67 in numbers) in his custody. He further submitted that, if the said papers are summoned, then it would be appropriate to arrive at a fair conclusion on discharge application. 5. On the other hand learned counsel appearing on behalf of the opposite party no. 2 has submitted that all papers, those are to be summoned from the office of A.R.T.O. have already been supplied to the revisionist, which is Versus Counsel for Revisionist(s) : Arvind Kumar Yadav Counsel for Opposite Party(s) : G.A., Virendra Kumar Shukla Sant Lal Seth .....Revisionist(s) State of U.P. and Another .....Opposite Party(s)
apparent from the order dated 30.04.2024, passed by learned Chief Judicial Magistrate, Court no. 1, Jaunpur and thereafter in order to delay the matter, the revisionist is seeking for summoning of those original documents from the A.R.T.O. office, Jaunpur. 6.
Having regard to the fact that, 67 pages in total have become the part of judicial record, whether the original or photostat copies, once, those set of papers have already been supplied to the revisionist, then they have to be relied upon, while passing the judicial order, in the event, that the photostat copies of the same are not clear or dim or illegible or cannot be readable, the same can be summoned from the A.R.T.O. office. 7. Learned Chief Judicial Magistrate, while taking into consideration the documents / papers, those have become part of judicial record shall provide to the revisionist, i.e. 67 pages should be handed over to the revisionist, excluding those are legible and can be read easily and pass the order afresh. 8. Accordingly, this revision is allowed and order dated 10.06.2024 passed by learned Chief Judicial Magistrate, Jaunpur is hereby set aside. September 25, 2025 Faridul CRLR No. 4356 of 2024 2 (Harvir Singh,J.) Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad