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2000 Supreme(Mad) 1219

B.AKBAR BASHA KHADIRI
V. G. K. Murthy – Appellant
Versus
Vikas Plastic Electro Chemical Pvt. Ltd. – Respondent


Advocates Appeared:
Mr. K. Ravi Ananthapadmanabhan, Advocate for Petitioner.
Mr. M. Babu Muthu Meeran, Government Advocate for Respondents.

Judgment :

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) awarrant-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.














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