M/S.Engineers And Fabication v. M/S.Salem Stainless Steel

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2015 Coram THE HONOURABLE MR. JUSTICE R.S.RAMANATHAN Crl.O.P.Nos.20902 and 20903 of 2010 M/s Engineers & Frbrication India rep.by Radhakrishnan alias Rajan-Partner B.Surya C/o M/s Steel Complex, 88/4, Race Course Road, Coimbatore 641 018.

..Petitioner/Accused in both Crl.O.Ps /vs/ M/s Salem Stainless Steel Suppliers A.Partnership Firm represented by its Partner, Mr.Madanlal P.Jain, 8 Ekambareswarar Agraharam, Chennai 600 003. ..Respondent/Complainant in both Crl.O.Ps Common Prayer:

Criminal Original Petitions filed under Section 482 of Criminal Procedure Code praying to direct the learned VIII Metropolitan Magistrate, George Town, Chennai to issue copy of the judgment made in C.C.No.1977 of 2001 and C.C.No.1978 of 2001 respectively dated 02.07.2010 vide copy application No.1512 of 2010 and copy application No.1511 of 2010 respectively dated 08.07.2010 to the petitioner. For Petitioner : Mr.D.Gopinath for Mr.C.D.Johnson(both petitions) For Respondent : Mr.C.K.M.Appaji(both petitions) ---- COMMON ORDER These petitions are filed seeking for a direction directing the VIII Metropolitan Magistrate, George Town, Chennai to issue a certified copy of the judgment passed in C.C.No.1977 of 2001 and C.C.No.1978 of 2001 respectively, dated 02.07.2010. 2.It is submitted by the learned counsel for the petitioner that the petitioner filed a copy application in C.C.No.1512 of 2010 and C.C.No.1511 of 2010 respectively on 08.07.2010 requesting the court to issue certified copy of the judgments in the above cases and https://hcservices.ecourts.gov.in/hcservices/

that the applications were returned by the office stating that the accused was declared as proclaimed offender. Hence, these petitions has been filed.

3.Though the respondent is represented by his counsel having regard to the limited prayer sought for in the criminal original petitions, there is no need to hear the learned counsel appearing for the respondent.

4.According to me, the learned VIII Metropolitan Magistrate ought to have issued the certified copy of the judgments to the petitioner and the same cannot be denied on the ground that the accused has been declared as proclaimed offender. Hence, these petitions are allowed and the learned VIII Metropolitan Magistrate, George Town, Chennai is directed to issue the certified copy of the judgments passed in C.C.No.1977 of 2001 and C.C.No.1978 of 2001 respectively dated 02.07.2010 to the petitioner. The Registry is directed to send a lower Court records to enable the lower Court for complying with the direction.

ari s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To The VIII Metropolitan Magistrate, George Town, Chennai.

Copy to :

The Section Officer, Criminal Section, High Court, Madras.

scd(co) prk17/6 Crl.O.P.Nos.20902 and 20903 of 2010 https://hcservices.ecourts.gov.in/hcservices/