A Supreme Court Bench, comprising Justice AK Goel and RF Nariman, in Asian Resurfacing of Road Agency P. Ltd. And Anr. Vs. Central Bureau of Investigation, directed that whenever original record has been summoned by an appellate or revision court, photocopy or scanned copy of the same must be kept for its reference and original copy of the record to be returned to trial courts.
Court directed, if, in future the trial court record is summoned then trial court may send the photocopy or scanned copy of the record and retain the original copy of the record as to not hold up the proceedings.
“In cases where specifically original record is required by holding that photocopy will not serve the purpose, the appellate/revision court may call for the record only for perusal and the same be returned while keeping a photocopy/scanned copy of the same” the bench said
The judgment was in furtherance to give effect to the directions issued in “Three Judge Bench Judgment”, dated March 28, 2018, where the court held that operating stay in all pending proceedings, in criminal and civil matters, will come to an end by the expiry of six months from today, date of judgment of three-judge-bench-case, and in case of any further need of extension, speaking orders can only permit that, showing the case was of such exceptional nature where stay of proceedings was more important than finalizing the trial.
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