Babu v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.28913 of 2018 and Crl.M.P.No.16891 of 2018 Babu ... Petitioner Vs.

State rep. by The Inspector of Police, W-6, All Woman Police Station, Ayanavaram, Chennai 600 023.

... Respondent Prayer: This Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records and set aside the adjudication order dated 27.11.2018 of the learned Mahila Judge, Chennai in Crl.M.P.No.19385 of 2018 in S.C.No.407 of 2018 and direct the learned Mahila Judge, Chennai to furnish the 17 document from segment 1 to 4 to the petitioner. For Petitioner : Ms. Shaikh Mehrunisa For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor and Mr.N.Ramesh Special Public Prosecutor

ORDER

This petition has been filed challenging the order passed by the Court below in Crl.M.P.No.19385 of 2018, wherein, the Court below had rejected the petition filed by the petitioner for furnishing certain documents under Section 207 Cr.P.C.

2. When the matter came up for hearing before this Court, the learned Special Public Prosecutor appearing for the respondent police submitted that the entire documents relied upon by the prosecution in the final report, has already been given to the petitioner in the form of a booklet.

3. The learned counsel for the petitioner submitted that the booklet does not clearly reveal the documents that are relied upon by the prosecution.

4. Therefore, this Court requested the learned Special Public Prosecutor to direct the police to give the index of the documents and also the relevant page number in the booklet. So that, the accused person is clear, as to what are all the documents that are relied by the prosecution in the final report.

5. The case was again posted for hearing today. The learned counsel for the petitioner submitted that the respondent police have issued the booklet along with the index of documents and also the relevant page numbers. The learned counsel for the petitioner would further submit that there are some more documents, which are relied upon by the respondent and the copies of those documents have not been given to the petitioner.

6. In reply to this submission, the learned Special Public Prosecutor would submit that apart from the documents that have been furnished to the petitioner, the prosecution is not relying upon any other documents. The learned Special Public Prosecutor would further submit that, if any other document is relied upon by the prosecution at a future date, a copy of the same will be furnished to the petitioner, only thereupon, it will be relied upon by the prosecution.

7. The submission made by the learned Special Public Prosecutor is recorded by this Court. For the present, the grievance expressed by the petitioner has been effectively attended by the respondent police and the petitioner has been provided with all the documents relied upon in the final report.

8. In view of the above, no further orders need to be passed in this petition. Accordingly, this Criminal Original petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ub/vv

To

1. The Mahila Judge, Chennai

2. The Inspector of Police, W-6, All Woman Police Station, Ayanavaram, Chennai 600 023.

3. The Public Prosecutor, High Court, Chennai.

+1cc to Mr.N.Ramesh, Advocate, S.R.No. 88619 +1cc to Mr.Shaikh Mehrunisa, Advocate, S.R.No. 88878 Crl.O.P.No.28913 of 2018 and Crl.MP.No.16891 of 2018 KK(CO) GN(22/01/2019)