V.G.K. Murthy Vs. M/S. Vikas Plastic Electro Chemical Pvt. Ltd., Represented by Its Managing Director, No. 57, Iii MaIn Road, R.A. Puram, Chennai 28 - Court Judgment

Excerpt:
- order1. in both the above crl.o.ps the petitioner seeks directions to xvii metropolitan magistrate to furnish certified copies of the complaint in c.c.nos. 6092 and 6091 of 2000 respectively, before the appearance of the accused. 2. the learned counsel appearing for the petitioner submits that the petitioner has received the summons in both the cases. when he applied for the certified copies of the complaint, the learned judicial magistrate rejected his request, stating that the accused is yet to appear before him. 3. considering the circumstance in which the crl.o.ps. have been filed, i feel it is not necessary to issue a notice to the respondents. 4. section 204 crl.p.c recites as under: '204. issue of process: (1) if in the opinion of a magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be- (a) a summons-case, he shall issue summons for the attendance of accused, or (b) a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accusing to be brought or to appear at a certain time before such magistrate or (if he has no jurisdiction himself) some other magistrate having jurisdiction. (2) no summons or warrant shall be issued against the accused under sub-section (1) until a list of the prosecution witnesses has been filed. (3) in a proceeding instituted upon a complaint made in writing, every summons or warrant issued under sub-section (1) shall be accompanied by a copy of such complaint. (4) when by any law for the lime being in force any process or other fees are payable, no process shall be issued until the fees are paid and, if such fee are not paid within a reasonable time, the magistrate may dismiss the complaint. (5) nothing in this section shall be deemed to affect the provision of section 87'it means imperative that copies of the complaint should be enclosed along with these applications. 5. rule 339 of the criminal rules of practice, recites as under: 'copies to be given to parties: copies of any portion of the record of a criminal case must be furnished to the parties concerned on payment of the proper stamp and the authorised fee for copying. where the judge's notes form the only record of the evidence, copies of these notes should be given.'it makes that copies of any portion of the record must be furnished to the person concerned, which again is imperative that copies must be furnished to the accused. the only question is whether after receipt of summons the accused should appear in court and then seek for issuance of copies. 6. this question has been answered elaborately by my learned brother m. karpagavinayagam, j. in ramesh v. a. ramanujan 1998 (1) lw 1, where in para 9 of the judgment, the learned judge has stated as under: 9. in a private complaint, the accused is not entitled to the documents, but definitely he is entitled to the copy of the complaint the moment he received the summons, for attending the case as an accused to face the trial before the court. this view of mine gets support from the decision in municipal committee, amritsar v. labhu ram and others in which it is held as follows: 'it is true that in a proceeding instituted on complaint in writing, a copy of such complaint has to accompany the summons or warrant issued to the accused with all view to enforce his appearance in court but then it cannot be said that a complainant is bound either by virtue of an express provision of law or by necessary implication to furnish to the accused, copies of documents produced by him along with the complaint or relied by him in support thereof.' 7. in the light of imperative provisions of crl.p.c and criminal rules of practice and also the pronouncement of my learned brother m. karpagavinayagam, j., in this matter, i feel the order passed by the learned judicial magistrate has to be set aside. 8. the learned judicial magistrate is directed to furnish the certified copies to the accused.

Judgment:
ORDER

1. In both the above Crl.O.Ps the petitioner seeks directions to XVII Metropolitan Magistrate to furnish certified copies of the complaint in C.C.Nos. 6092 and 6091 of 2000 respectively, before the appearance of the accused.

2. The learned counsel appearing for the petitioner submits that the petitioner has received the summons in both the cases. When he applied for the certified copies of the complaint, the learned Judicial Magistrate rejected his request, stating that the accused is yet to appear before him.

3. Considering the circumstance in which the Crl.O.Ps. have been filed, I feel it is not necessary to issue a notice to the respondents.

4. Section 204 Crl.P.C recites as under:

'204. Issue of Process: (1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be-

(a) a summons-case, he shall issue summons for the attendance of accused, or

(b) a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accusing to be brought or to appear at a certain time before such Magistrate or (if he has no jurisdiction himself) some other Magistrate having jurisdiction.

(2) No summons or warrant shall be issued against the accused under Sub-section (1) until a list of the prosecution witnesses has been filed.

(3) In a proceeding instituted upon a complaint made in writing, every summons or warrant issued under sub-section (1) shall be accompanied by a copy of such complaint.

(4) When by any law for the lime being in force any process or other fees are payable, no process shall be issued until the fees are paid and, if such fee are not paid within a reasonable time, the Magistrate may dismiss the complaint.

(5) Nothing in this Section shall be deemed to affect the provision of Section 87'

It means imperative that copies of the complaint should be enclosed along with these applications.

5. Rule 339 of the Criminal Rules of Practice, recites as under:

'Copies to be given to parties: Copies of any portion of the record of a criminal case must be furnished to the parties concerned on payment of the proper stamp and the authorised fee for copying. Where the Judge's notes form the only record of the evidence, copies of these notes should be given.'

It makes that copies of any portion of the record must be furnished to the person concerned, which again is imperative that copies must be furnished to the accused. The only question is whether after receipt of summons the accused should appear in Court and then seek for issuance of copies.

6. This question has been answered elaborately by My Learned Brother M. Karpagavinayagam, J. in Ramesh v. A. Ramanujan 1998 (1) LW 1, where in para 9 of the judgment, the learned Judge has stated as under:

9. In a private complaint, the accused is not entitled to the documents, but definitely he is entitled to the copy of the complaint the moment he received the summons, for attending the case as an accused to face the trial before the Court. This view of mine gets support from the decision in Municipal Committee, Amritsar v. Labhu Ram and others in which it is held as follows:

'It is true that in a proceeding instituted on complaint in writing, a copy of such complaint has to accompany the summons or warrant issued to the accused with all view to enforce his appearance in Court but then it cannot be said that a complainant is bound either by virtue of an express provision of law or by necessary implication to furnish to the accused, copies of documents produced by him along with the complaint or relied by him in support thereof.'

7. In the light of imperative provisions of Crl.P.C and Criminal Rules of Practice and also the pronouncement of my learned brother M. Karpagavinayagam, J., in this matter, I feel the order passed by the Learned Judicial Magistrate has to be set aside.

8. The learned Judicial Magistrate is directed to furnish the certified copies to the accused.