Madras High CourtCRL OP(MD)/21261/2023disposed of

Vijila Rani v. The Inspector Of Police

2023-12-13Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.21261 of 2023 Vijila Rani ... Petitioner Vs.

1.The Inspector of Police, Karungal Police Station, Kanyakumari.

2.Lizal ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, directing the learned Sub Judge, Eraniel, to issue certificate copies of documents pertaining to C.M.P.Nos. 10972/2014 and 5139 of 2015 in PRC.No.12/2007, now pending as S.C.No.36/2016 on his file as required in C.A.Nos.741/2023, 747/2023.

For Petitioner : Mr.R.Russel Raj For R1 : Mr.M.Sakthi Kumar Government Advocate(Crl.) 1/4

O RDER This Criminal Original Petition is filed to direct the learned Sub Judge, Eraniel, to issue certificate copies of documents pertaining to C.M.P.Nos. 10972/2014 and 5139 of 2015 in PRC.No.12/2007, now pending as S.C.No.36/2016 on his file as required in C.A.Nos.741/2023, 747/2023.

2. A report is called for from the trial Court namely the Subordinate Court, Eraniel, as to the availability or non availability of the documents sought for by the petitioner herein. A report received, which reads that along with the Court records, the documents in C.M.P.Nos. 10972/2014 and 5139 of 2015, were not received.

3. Now it is stated by the petitioner that he has also filed similar application before the Judicial Magistrate Court, Eraniel and the same came to be returned stating that the records were sent to the trial Court namely the Subordinate Court.

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4. The petitioner has been tossed between the committal Court and the trial Court for getting the order copies, which may not be proper on the side of either the committal Court or the trial Court.

5. There shall be a direction to the learned Subordinate Judge, Eraniel, to call for the entire records from the committal Court / Judicial Magistrate, Eraniel, and issue certificate copies of the same without any delay, preferably within a month. Compliance report must be submitted by the trial Court to the registry. Copy application must be filed by the petitioner with a copy of this order.

6. With this direction, this Criminal Original Petition is disposed of.

13.12.2023 NCC: Yes / No Index : Yes/No Internet : Yes/No Note: Issue order copy on 13.12.2023 pnn 3/4

G.ILANGOVAN. J.

pnn To

1. The Subordinate Judge, Eraniel.

2.The Inspector of Police, Karungal Police Station, Kanyakumari. 3.The Additional Public Prosecutor, Madurai bench of Madras High Court, Madurai.

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