Madras High Court
Varaaki vs The State on 29 July, 2021
1 Crl O.P. No.13550 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.07.2021
CORAM:
THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
Crl.O.P. No.13550 of 2015
Varaaki ...Petitioner
Vs.
1.The State
The Inspector of Police (L&O),
Vishnu Kanchi Police Station,
Kanchipuram District.
2. The Government of Puducherry,
rep. by its Secretary to Government,
Law Department, "B" Block,
1st Floor, Chief Secretariat Complex,
Goubert Avenue (Beach Road)
Puducherry. ... Respondent
(Impleaded as 2nd respondent vide order dated 09.07.2015 of this Court
made in Crl. M.P. No.1 of 2015 in Crl. O.P. No.13550 of 2015.
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to
direct the learned District Court, Puducherry, to issue the certified copy
of FIR, Final Report, 161 Statement of all PWs and defence witness,
Counter affidavit, written arguments, accused written Arguments,
Judgment and other documents in S.C. No.94 of 2005.
https://www.mhc.tn.gov.in/judis/
2 Crl O.P. No.13550 of 2015
For Petitioner : Mr. B. Janakiram
For Respondent : Mr. Bharat Chakravarthi
(Public Prosecutor- Pondy)
*****
ORDER
This Criminal Original petition has been filed under Section 482
Cr.P.C. to direct the learned District Court, Puducherry, to issue the
certified copy of FIR, Final Report, 161 Statement of all PWs and
defence witness, Counter affidavit, written arguments, accused written
Arguments, Judgment and other documents in S.C. No.94 of 2005.
2. The case of the petitioner is that the petitioner has filed the
petition to get the certified copy of FIR, Final Report, 161 Statements of
All PWs and defence witness, Counter Affidavit, written Arguments,
Accused written arguments, Judgment and other documents in S.C.No.94
of 2005. No prejudice will be caused to the respondent, if the copies of
these documents were furnished to the petitioner. However, the copy
application filed by the petitioner was returned on 13.01.2015 asking for
https://www.mhc.tn.gov.in/judis/
affidavit on 19.01.2015. It was complied with and represented by the the
petitioner herein. However, it was returned again for want of correct
provision of Law and specific description of document with date
mentioned therein. It was also complied with by the petitioner herein.
But, the learned Judicial Officer again returned the copy application as
the previous return was not complied with. Even though the petitioner is
not a party in the above S.C. No.2005, the petitioner has filed this
petition under Section 482 of Cr.P.C. seeking for issuance of documents
related to the S.C. No.94 of 2006.
3. It has been further submitted that in view of the observation
of the Hon'ble Supreme Court made in the case of "Rathinam Vs. State of
Tamil Nadu", any Citizen has got locus to set the Criminal Law in motion
including filing revision petition or appeal against the order of acquittal
passed by the Sessions Court. As far as the prosecution is concerned,
the criminal proceedings was dropped in the above matter for filing
appeal against the order of acquittal. The petitioner is willing to file
appropriate appeal against the order of acquittal in the above matter in
support of the Hon'ble Supreme Court Judgment in the
https://www.mhc.tn.gov.in/judis/
Subramaniaswamy case. Hence, this Court may pleased be to direct the
learned District Court, Puducherry, to issue the aforesaid certified copies
as prayed for.
4. The learned Public Prosecutor (Pondy) would submit there
is no objection for obtaining the said certified copies since any citizen
has got right to receive the certified copies in the Criminal case which
was already decided by the Court of Law.
5. It has further been submitted that the appropriate copy
application ought to have been filed by the petitioner without any
defence and the same can be considered by the Court below.
6. Heard, the learned Counsel for the petitioner and the learned
Public Prosecutor (Pondy) for the respondent as well as perused the
material available on record.
7. On a perusal of the record, it is seen that in the petition filed
by the petitioner, the certificate copy of FIR, Final Report, 161 Statement
https://www.mhc.tn.gov.in/judis/
of all PWs and defence witness, Counter affidavit, written arguments,
Accused written arguments, Judgment and other documents in S.C.
No.94 of 2005 were required to issue to the petitioner even though he
was not a party in the aforesaid case. However, the copy application
filed by the petitioner was returned for not complying with the
requirement of the registry for three times.
8. On going through typed set of papers, it is seen that the
Principal District Judge, has returned himself the copy application for not
complying with the requirement of the Registry.
9. In view of the submission made by the learned Public
Prosecutor and the matter was already decided by the Court of Law,
there is no doubt that all the documents sought for by the petitioner/third
party are only public documents. They do not fall under the classified
information category. In the event of issuance of the certified copy as
required by the petitioner, it would not jeopardise the interest of Justice
and hence, the petitioner is directed to approach the Court below without
any defence by way of filing a fresh copy application in accordance with
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Law after complying with the requirements as in the previous copy
application made by the Court below. At the same time, the Court below
is directed to consider the fresh copy application in accordance with law
and issue the relevant papers which are permissible in Law within a
period of eight weeks from the date of receipt of copy of this order.
10. In the result, this Criminal Original Petition stands
allowed. Consequently, connected miscellaneous petition is closed if
any.
29.07.2021
Lbm
Index : Yes / No
Speaking order/Non-speaking order
https://www.mhc.tn.gov.in/judis/
To:
1.The State
The Inspector of Police (L&O),
Vishnu Kanchi Police Station,
Kanchipuram District.
2. The Government of Puducherry,
rep. by its Secretary to Government,
Law Department, "B" Block,
1st Floor, Chief Secretariat Complex,
Goubert Avenue (Beach Road)
Puducherry.
3. The Additional Public Prosecutor,
High Court of Madras, Chennai.
https://www.mhc.tn.gov.in/judis/
V.BHAVANI SUBBAROYAN.,J
lbm
Crl.O.P. No.13550 of 2015
29.07.2021
https://www.mhc.tn.gov.in/judis/
