Shanmugam v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD)No.19581 of 2016 1.Shanmugam 2.Kumar : Petitioners/A1 and A2 -vsState: Rep. by its Sub Inspector of Police, Salaigramam Police Station, Salaigramam, Sivagangai District : Respondent/Petitioner (Crime No.72 of 2011) Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, against the order passed in Copy Application No.598 of 2016 in C.C.No.43 of 2011, dated 29.08.2016 on the file of the learned Judicial Magistrate, Ilayangudi.

For Petitioners : Mr.V.Kannan For Respondent : Mr.A.P.Balasubramani Government Advocate(Criminal side)

O R D E R

This petition is directed against the order passed in the Copy Application No.598 of 2016 in C.C.No.43 of 2011, dated 29.08.2016 on the file of the learned Judicial Magistrate, Ilayangudi.

2.The learned counsel appearing for the petitioners would submit that without any valid reason, the Judicial Magistrate, Ilayangudi, rejected the copy application No.598 of 2016 filed in C.C.No.43 of 2011, dated 29.08.2016 and that the petitioners are entitled to get free copy of the Judgment passed against them. Hence, he prayed that the order passed in the Copy Application by the learned Magistrate has to be set aside and the copy application filed by the petitioner has to be allowed.

3.Per contra, the learned Government Advocate (Criminal side) would submit that in this case, on the date of pronouncing the judgment, the petitioners appeared before the trial court, but after pronouncing the judgment, they run away from the court hall and hence, the copy of the judgment could not be given to the petitioners. Hence, the order of the Judicial Magistrate, Ilayangudi is perfectly valid in law and this petition has to be dismissed.

4.Heard both sides and perused the materials available on record.

5.In this case, the petitioners have filed copy application No.598 of 2016 and on that application, the Judicial Magistrate, Magistrate, Ilayangudi, has passed an order on 29.08.2016, which reads as follows:- Submitted:- By Tr.K.Kalyani, Advocate for petition side, prays to granted petition judgment copy in C.C.43/11 as emergently.

For order sd/xxx 29.08.16.

Since acc. is absconding & warrant is issued. Pet. is dismissed as acc. need to appear in person for getting free copies.

6.Since, the petitioners have filed the copy application, the court has to necessarily grant the copy of the judgement mentioned in the copy application. Hence, the rejection order passed by the learned Judicial Magistrate, is not valid in law. 7.Further, in this case, after pronouncing the judgment, the petitioners run away from the court hall, for which the petitioners have to be arrested immediately by the respondent police and produce before the court for suffering punishment imposed by the trial court.

8.In view of the above stated position, this court is inclined to allow the petition filed by the petitioner. 9.In the result, this petition is allowed and the order passed by the Judicial Magistrate, Ilayangudi in Copy Application No.598 of 2016 in C.C.No.43 of 2011, dated 29.08.2016 is set aside and the Judicial Magistrate, Ilyangudi is directed to issue a copy of the Judgment in C.C.No.43 of

2011, dated 04.08.2016 to the petitioners. Further, this court directed the respondent police to arrest the petitioners and sent them to prison for suffering punishment. The concerned Deputy Superintendent of Police is directed to see that the petitioners have to be arrested within three days from today and report the same to this court.

Sd/- Assistant Registrar(CS I) /True Copy/ Sub Assistant Registrar To, 1.The Judicial Magistrate, Ilayangudi.

2.The Deputy Superintendent of Police, Sivagangai.

3.The Sub Inspector of Police, Salaigramam Police Station, Salaigramam, Sivagangai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:- The Section Officer, Criminal Section/Posting, Madurai Bench of Madras High Court, Madurai.

(for watching the report) Crl.O.P.(MD) No.19581 of 2016 24.01.2017 er anr/skn/sar1/24.01.2017/3p/6c