S.Naganathan v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.04.2019
CORAM:
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.10405 of 2019 S.Naganathan
...Petitioner
/Vs/ State represented by The Inspector of Police, CBI, EOW, Chennai.
...Respondent
PRAYER: Criminal Original Petition filed under section 482 of Cr.P.C., to direct the respondent to furnish the copies of Exhibit P.204 to P.209 in C.C.No.18127 of 2005, pending trial on the file of the Additional Chief Metropolitan Magistrate Court, Egmore, Chennai District.
For Petitioner : Mr.C.D.Johnson For Respondent : Mr.K.Srinivasan Special Public Prosecutor (CBI)
O R D E R
This petition has been filed seeking for direction to the respondent to furnish the copies of Exs.P.204 to P.209 marked in C.C.No.18127 of 2005 pending trial on the file of the learned Additional Chief Metropolitan Magistrate Court, Egmore, Chennai District.
2.The learned counsel for the petitioner would submit that though these documents did not form part of the documents filed along with the charge sheet, the documents have been marked through Investigating Officer/P.W.33, and that the said documents have not been furnished to the petitioner and that the Trial Judge has permitted to mark those documents under protest and would submit that those documents are necessary for the cross examination of P.W.33 and would pray for a direction to the respondent to furnish the copies of the above documents, to the accused.
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3.The learned Special Public Prosecutor would submit that these documents pertain to Letter of Rogatory which have come to existence as a result of further investigation after filing of the final report and thereby, these documents have not been furnished along with the final report. However, he would submit that in due compliance of the mandate under Sections 207 and 208 of Cr.P.C., the respondent is prepared to furnish copies of Exs.204 to 209 to the petitioner.
4.Recording the same, the petition is disposed of with a direction to the respondent to furnish the copies of Exs.P.204 to P.209 on the next hearing date on 24.04.2019 in C.C.No.18127 of 2005, before the Trial Court.
5. With this direction, the petition stands disposed of. ssi Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To
1. The Additional Chief Metropolitan Magistrate Court, Egmore, Chennai District.
2. The Inspector of Police, CBI, EOW, Chennai.
3.The Public Prosecutor, High Court, Madras.
+1cc to MrC.D.Johnson, Advocate, SR.No.38409 Crl.O.P.No.10405 of 2019 Kak(23/04/2019) https://hcservices.ecourts.gov.in/hcservices/