Vandana Yadav vs Vikas Singh
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Allahabad High Court

Vandana Yadav vs Vikas Singh on 9 May, 2024

Author: Ajit Kumar

Bench: Ajit Kumar

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


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Neutral Citation No. - 2024:AHC:83615
 

 
Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 5817 of 2024
 
Petitioner :- Vandana Yadav
 
Respondent :- Vikas Singh
 
Counsel for Petitioner :- Nisheeth Yadav
 

 
Hon'ble Ajit Kumar,J.
 

Heard Sri Nisheeth Yadav, learned counsel for the petitioner and perused the record.

By means of this petition filed under Article 227 of the Constitution, petitioner is basically pressing relief clause (ii) that whatever the evidence has been filed by the respondent in electronic device like pen drive in the present case and one copy whereof has been supplied to the petitioner, should also be reduced and recorded in writing in presence of the parties by the trial court and such document in the transcript form of the electronic evidence should also be got signed and hard copy thereof may also be supplied to the parties. He submits that electronic evidence which have been made admissible vide Section 65A and 65B incorporated in the Indian Evidence Act, 1872 vide amending Act No.- 21 of 2000 came to be interpreted for its procedural part by the Supreme Court in judgment in the case of Tarun Tyagi v. Central Bureau of Investigation (Criminal Appeal No.- 102 of 2017) decided on 8th February, 2017, in which while dealing with the matter of supply of C.Ds. to the accused by CBI, the Court also directed that whatever the contents were there in CD should also be reduced in writing in the presence of the accused and signature should also be obtained so that any chance of tempering of electronic evidence may not be avoided.

In such above view of the matter, this petition stands disposed of with a direction that since petitioner has already moved an application in the above regard in Case No.- 393 of 2017, the Additional Principal Judge, Family Court, Varanasi will be passing appropriate order thereupon in accordance with law within a period of two months from from the date of production of certified copy of this order, of course after giving full opportunity of hearing to the other side.

The Court clarifies here that it has not made any observation on merits of the application.

Order Date :- 9.5.2024

Atmesh