Krishna Nand Tripathi vs Alok Chaurasiya on 26 February, 2018

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Jharkhand High Court

Krishna Nand Tripathi vs Alok Chaurasiya on 26 February, 2018

Bench: Anant Bijay Singh

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   E.P. No. 11 of 2015

Krishna Nand Tripathi                          .....    Petitioner
                          Versus
Alok Chaurasiya                           ..... Respondent
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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For the Petitioner : Mr. Mahesh Tewari, Advocate. For the Respondents : Mr. V.P. Singh, Sr. Advocate.

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60/Dated: 26/02/2018 An I.A. without number has been filed in Election Petition No. 11 of 2015 under Order XVI Rule 6 read with Section 151 of the C.P.C. on behalf of the respondent, wherein Para-1 & 3 read as follows:

"1. That the present application is on behalf of the sole Respondent in this case for calling of Class-VIII (All Sections) attendance Register of the year 2007-08 from A.A. High School, Guriadamar, Lesliganj, Palamau from the custody of the Headmaster of the School.

3. That, during course of hearing of the case, it was discovered that the photocopy obtained by the Election Petitioner under R.T.I. of the Class-VIII Attendance Register of the year 2007-08 of A.A. High School, Guradamar, Lesliganj, Palamau was produced during cross-examination of Respondent Witness No. 9 and marked as Ext. - 28. This Respondent submits that the said photocopy of the document should not have been marked as Exhibit, thus this Respondent states that Attendance Register of Class-VIII (All Sections) for the years 2007-08 may kindly be called from the custody of the Headmaster, A.A. High School, Guradamar, Lesliganj, Palamau."

Copy of the same has been served to the learned counsel for the petitioner, which he has received without objection.

Let the I.A. be kept on record. Office is directed to get the I.A. numbered and to tag it with the record. As the petitioner has no objection, let the required Attendance Register mentioned in para-1 and also in the prayer portion of the I.A. be called for through Special Messenger, cost to be deposited, which is roughly Rs. 1000/-, by the Respondent latest by 28.03.2017. Special Messenger is to be deputed by the Registry.

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Further, the Special Messenger is directed to report the Judge-in-Charge, Palamau. The Judge-in-Charge, Palamau is directed to provide one process server to the Special Messenger, who will go to the required School i.e. Adivasi Awasiya Ucch Vidyalaya Guria Damar, Lesliganj, Palamau and the Principal of the said School is directed to hand over the original record of the Attendance Register of Respondent Witness No. 9 of Class-VIII to the Special Messenger in a sealed cover to be produced before this Court latest by 13.03.2018.

I.A. stands allowed.

Let a copy of order be sent to the Registrar General of this Court and the Principal District Judge, Palamau for compliance of this order.

Further examination-in-chief of witness no. 9 is deferred for 13.03.2018.

(Anant Bijay Singh, J.) Sunil-

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