B.Sivapriya v. State Of Tamil Nadu Rep.By
Crl. M.P. No.13350 of 2024 N.SESHASAYEE. J., The present petition is filed for dispensing with the production of the certified copy of the charge sheet filed in C.C. No.5 of 2023 pending trial on the file of Special Court for cases under Prevention of Corruption Act, Chennai.
2. In the context of the present petition, now this court would like to extract the following passage from an order of the Hon'ble Supreme Court dated 05.08.2024 made in S.L.P. (Criminal) Diary No.30456 of 2024. "If any special leave petition, arising out of civil proceedings as well as criminal proceedings, is accompanied by an application for exemption from filing certified copy of the judgment and/or order under challenge, such application must have, as an annexure, the receipt that has been generated/provided by the concerned Section/Department of the High Court as acknowledgment of receipt of an application from the applicant for certified copy of the impugned judgment and/or order and the reason for seeking exemption; further, it must have an averment that the application for certified copy has not lapsed owing to nonPage 1/4
filing of requisites or otherwise; also, the application must contain an undertaking of the applicant to place the certified copy of the impugned judgment and/or order on record as soon as possible after the same is furnished to him by the concerned Section/Department of the High Court."
3. This Court, therefore, satisfied with the reasons stated in the affidavit filed in support of the petition and following the order of the Hon'ble Supreme Court quoted above, this petition is required to be allowed, but with a rider that the certified copy must be filed as and when it is made ready. 4.The Registry is also required to place the order of the Hon'ble Supreme Court before the Rules Committee.
27.09.2024 kas Note: The Registry is directed to number the above Crl.O.P.SR.No.47973 of 2024, if the papers are otherwise in order.
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N.SESHASAYEE, J.
kas Crl. M.P. No.13350 of 2024 Page 3/4
Dated : 27.09.2024 Page 4/4