Accused's right to access case records under Criminal Rules of Practice 339

1. This Petition has been filed by the petitioner praying for a direction to the learned Chief Metropolitan Magistrate, Egmore, Chennai to furnish certified copies of a) 161 Statements and b) the final report in X Crime No.632 of 2009 on the file of the respondent.

2. The learned counsel for the petitioner submits that one M.J.Shankar had given a complaint against the petitioner and another accused, and a case was registered by the Central Crime Branch, Egmore, Chennai in X Crime No.632 of 2009 for offences under Sections 420, 463 and 464 I.P.C. The respondent police after investigation filed the final report referring to as "Mistake of Fact". The petitioner herein filed an application before the learned Chief Metropolitan Magistrate, Egmore, Chennai seeking for copies of (1) F.I.R. (2) Complaint (3) 161 Statement of all witnesses and (4) Final report, on payment of charges. The learned Magistrate passed an order for issuing certified copies of items 1 and 2 and rejected to issue certified copies of items 3 and 4 for the reason that they will be granted only after passing orders on the final report.

3. The learned counsel for the petitioner would further submit that the final report having been filed by the respondent police, it has become the record of the criminal case and whether the learned Magistrate accepts or rejects the final report, the present final report has become part of the criminal record.

4.The learned counsel would further submit that the copies of the final report also should be furnished to the petitioner as per the Criminal Rules of Practice 339 which runs as follows:-

"339. (325-1) Copies to be given to parties- (1) 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 authorized fee for copying. Where the Judge's notes from the only record of the evidence, copies of these notes be given."

5. Heard the learned Government Advocate (Crl.Side).

6. This Court considered the submissions made by the parties. At present it is not known as to whether any protest application was filed by the defacto complainant. Whether any protest application is filed or not, the petitioner, being shown as accused, is entitled to seek for the copies of the records of the criminal case as per Criminal Rules of Practice 339. The learned Magistrate having allowed the application filed by the petitioner for certified copies of FIR and complaint, ought to have allowed the application in respect of furnishing of copies of 161 Statement of all Witnesses and the Final Report. Even though the accused may not be heard in deciding the matter with regard to acceptance of the final report by the learned Magistrate, the accused has got right to know about the proceedings and the documents filed either in favour of him or against him.

7. In the above said circumstances, this Criminal Original Petition is allowed and the learned Chief Metropolitan Magistrate, Chennai is directed to furnish the certified copies of Item Nos. 3 and 4 i.e., 161 Statements of all Witnesses and the Final Report.