Trial courts need to give only photocopies of case records to higher courts. The transfer, to and fro, of original records impedes speedy trial, the Supreme Court ordered.
Accused persons usually move the High Courts in the middle of criminal proceedings in trial courts on various issues, ranging from quashing of charges to transfer of cases to appeal against interim orders, etc.
On all this, the High Courts are compelled to ask for the original records of the case concerned.
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Comes to a halt
The original records are transferred from the trial court to the High Court, where the latter decides the question at hand. Meanwhile, the trial comes to a halt in the lower court till the outcome in the High Court is known. The original records are stuck in the High Court for months.
The recent order passed by Justices A.K. Goel and R.F. Nariman changes all that. “We direct that if in future the trial court record is summoned, the trial courts may send photocopy/scanned copy of the record and retain the original so that the proceedings are not held up,” the Supreme Court Bench directed. It directed a copy of its order be sent to all High Courts.
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The order said that in specific cases where original records are required and a photocopy would not serve the purpose, the appellate/revisional court may call for the record only for perusal.
The order came on a plea filed by Asian Resurfacing of Road Agency P. Ltd. and another against the CBI.