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2015 Supreme(Guj) 801

VIJAY MANOHAR SAHAI
OMPRAKASH RAMESHWARUPDAS AGGRAWAL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
MS NITA PANDIT, ADVOCATE for MR AR GUPTA, ADVOCATE for the
Applicant(s) No. 1
DELETED for the Respondent(s) No. 2
MR MITESH AMIN, PUBLIC PROSECUTOR for the Respondent

JUDGMENT :

1. I have heard Ms.Nita Pandit, learned advocate for Mr.A.R.Gupta, learned advocate for the petitioner and Mr.Mitesh Amin, learned Public Prosecutor for the respondent.

2. The grievance of the petitioner in this petition is that the petitioner has applied for a certified copy of the order-sheet (roznama) of the case and the application of the petitioner was rejected by the Additional Chief Metropolitan Magistrate, Court No.9 at Ahmedabad on the ground that as per Criminal Manual Para No.377, the certified copy of the order-sheet (rozanama) of the case cannot provided to the litigants. The order dated 01.06.2013 passed by the Additional Chief Metropolitan Magistrate in Criminal Case No.4818 of 1997 has been challenged by the petitioner in this petition.

3. It will be profitable to extract Section 327 of the Code of Criminal Procedure, 1973, which reads as under:

“Section 327. Court to be open.-[(1)] The place in which any criminal court is held for the purpose of inquiring into or trying any offence shall be deemed to be an open court to which the public generally may have access, so far as the same can conveniently contain them:

Provided that the presiding Judge or Magistrate















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