Supreme
Court of India in the case of Asian Resurfacing of Road Agency P. Ltd and ANR.
Vs. Central Bureau of Investigation ( Criminal Appeal Nos. 1375-1376 of 2003)
has directed that wherever original record has been summoned by an appellant/ revisional
Court, photocopies/ scanned copy of the same may be kept for its reference and
original returned to the trial court forthwith.
In cases
where the specifically originally record is required by holding that photocopy
will not serve the purpose, the appellate/ revisional court may call for record
only for perusal and the same be returned while keeping a photo copy/ scanned
copy of the same.
In
view of the said direction of Apex Court, Supreme Court registry has issued a
Circular no. F.NO.1/Regr.J-IV/2018 dated May 22, 2018. According to this
circular whenever original record is summoned by the Hon’ble Court, scanned/digitized/photocopy
of the original record may be requisitioned from the Courts appealed from and
the Court below, instead of the original, unless otherwise orders by the Court.
Wherever original record has already been requisitioned by the registry in
cases arising out of interlocutory order, the same shall be transmitted back, after
due verification and after having the same scanned/ digitized or photocopied by
the Registry, except in cases where it has been expressly ordered otherwise.
The said directions regarding transmission of original record shall form part
of the communication requisitioning such record from the Court appealed from
and the Courts below.
While
requisitioning the original record, the Court appealed from and Court below shall
be informed that the original shall not weeded out during the pendency of the
matter before this Hon’ble Apex Court till a communication regarding disposal
of the matter is received from the Registry of the Hon’ble Apex Court.
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