Prejudice would result if a readable copy of the deposition was not served, justifying the issuance of a certified readable copy to the petitioner.

Raja Vijayaraghavan.V. J,

1. The petitioner is the complainant in CMP No.2944 of 2016 filed under Section 190 and 200 of the Code of Criminal Procedure before the Judicial Magistrate of 1st Class, Kakkanad.

2. In the aforesaid complaint, he has raised allegations against the Social Welfare Officer and others under Section 75 of the Juvenile Justice (Care and Protection) Act, 2015. It appears that the said complaint was dismissed by the learned Magistrate. With a view to challenge the order of dismissal, the petitioner applied for a certified copy of his deposition. The said application was allowed and a certified copy was issued to the petitioner. However, since the handwriting of the learned Magistrate is illegible, he was unable to decipher the contents. The petitioner in the said circumstances filed an application seeking for issuance of a readable copy of the deposition, duly certified. The same was rejected holding that there is no provision in the Criminal Rules of Practice for issuing readable copy of the deposition. The same is under challenge.

3. Heard the learned counsel appearing for the petitioner and also the learned Public Prosecutor.

4. The learned counsel would rely on the decisions of this Court in Suseelan (Dr.) v. State of Kerala & Another 2013 (4) KHC 897, Branch Manager, New India Assurance Co. Ltd V. Kunjumole G & Others 2012 (4) KHC 662, Muhammed Kunhi A. K v Muhammed Haji & Others 2014 (3) KHC 750 and Rajmohan Pillai J. v. CBI, Kerala 2016 (4) KHC 47 and also various circulars issued by this Court to contend that the order passed by the learned Magistrate cannot be sustained. The learned counsel would further submit that in Annexure-1 order, the learned Magistrate while dismissing his complaint had observed that the complainant had no case that he had direct knowledge of the averments made in the complaint. According to the learned counsel, this fact was specifically stated but as the deposition is indecipherable, he is unable to raise that contention in appropriate proceedings.

5. I have considered the rival submissions and have gone through Annexure 2 copy of the deposition. I have no doubt in my mind prejudice would result if a readable copy is not served. Certain sentences are clearly not decipherable and in that view of the matter, it is only just and proper that a readable copy properly certified is issued to the petitioner. Annexure-3 order will stand set aside. C.A. No.626 of 2016 in C.M.P. No.2944 of 2016 will stand allowed. Certified readable copy of the deposition of the petitioner shall be issued expeditiously.