M.Kasi v. The State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH M.Kasi .. Petitioner

Versus

The State, Rep by Inspector of Police, Mathikonpalayam Police Station, Dharmapuri District - 636 701.

.. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to set aside the returned docket order in Copy Application No.130 of 2023, dated 24.07.2023 and consequently, issue a direction to the learned Judicial Magistrate, Additional Mahila Court of Dharmapuri to furnish the certified copies of the documents mentioned in schedule hereunder in Crime No.22 of 2023.

For Petitioner : Mr.Anirudh A Sriram For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

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This petition has been filed challenging the docket order passed by the Court below on 24.07.2023 returning the Copy Application filed by the petitioner seeking for certain documents.

2. Heard Mr.Anirudh A Sriram, learned Counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor for the respondent.

3. The petitioner, who is an accused in Crime No.22 of 2023, has sought for following documents before the Court below by filing a Copy Application:- "1. Complaint copy

2. FIR

3. Remand Report

4. Witness Reports

5. Post mortem

6. RDO Report"

4. This application was returned by the Court below on the ground that the Final Report has not been filed. Aggrieved by the same, the present Criminal Original Petition has been filed before this Court. 2/5

5. Rule 231 of the Criminal Rules of Practice deals with the grant of certified copies of documents. When the case is at the stage of investigation and no Final Report has been filed, at the best, the petitioner will be entitled only for the certified copy of the complaint, F.I.R and the remand report. The other documents sought for by the petitioner cannot be granted until the Final Report is filed.

6. In view of the above, the petitioner is directed to represent the Copy Application before the Court below and the Court below is directed to act in accordance with Rule 231 of the Criminal Rules of Practice and provide the certified copy of the F.I.R, alternation F.I.R and the remand report to the petitioner. Insofar as other documents are concerned, the petitioner has to necessarily wait for the filing of the Final Report.

7. This Criminal Original Petition is disposed off with the above directions.

16.08.2023 Index : yes/no Speaking order/Non-speaking order 3/5

: yes/no grs 4/5

N.ANAND VENKATESH, J.

grs To

1. The Judicial Magistrate, Additional Mahila Court, Dharmapuri.

2. The Inspector of Police, Mathikonpalayam Police Station, Dharmapuri District - 636 701.

3. The Public Prosecutor, High Court of Madras.

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