In accused can ask for the copies of the documents prior to filing of charge sheet.

S.Ratnavel Pandian, O.C.J.

On references, all the above cases have come up before this Full Bench for the determination of certain vital and important questions which require careful examination as regards the liberty of the subject and their entitlement to certain copies of the documents in the criminal proceedings before forwarding a police report to a Magistrate on completion of investigation as contemplated under Sec.173(2), Crl.P.C. (hereinafter referred to as "the Code").

2. Crl.M.P.No.6452 of 1982 is filed under Sec.482 of the Code by the accused in Crime No.1351 of 1988 on the file of the Court of the VI Metropolitan Magistrate, Madras, for directions to the Magistrate to furnish certified copies of:

(a) Remand report dated 16th November, 1982;

(b) Affidavit filed by the investigating officer seeking police custody of the accused;

(c) Order of the Magistrate dated 16th November, 1982 made on the remand report;

(d) Endorsement and order made by the learned Magistrate regarding any complaint made by the arrestee as regards any ill-treatment meted out to him at the hands of the police;

3. Crl.M.P.No.6900 of 1982 is filed under Sec.482 of the Code by A1 to A14 in Crime No.275 of 1982 on the file of Tiruvallur Police Station for a direction to the Magistrate to issue a certified of the F.I.R., which prayer has been turned down on the strength of the decision in Muthuswamy, In re., 1982 L.W. (Crl.) 60.

4. Crl.M.P.No.1907 of 1983 is filed under Sec.482 of the Code by the accused in R.C.No.1 of 1983 on the file of the C.B.I., F.O.W., Madras, for a direction to the Additional Chief Metropolitan Magistrate, E.O.I. Egmore, Madras, to furnish him a certified copy of the F.I.R.

5. Crl.M.P.No.2903 of 1984 is filed under Sec.482 of the Code by the accused in Crime No.6 of 1983 on the file of the Vigilance and Anti-corruption, Salem, for a direction to the Chief Judicial Magistrate, Salem, to furnish him a certified copy of the F.I.R., in the said case.

6. Crl.R.C.No.821 of 1986 is a revision filed against the order passed by the 17th Metropolitan Magistrate, Saidapet, Madras, dismissing the petition filed by the accused praying for furnishing the certified copies of the first information report, remand report and the order made thereon, inquest report, the statements recorded during the inquest under Sec.174 of the Code, the post mortem certificate, the requisition given by the police officers to the Medical Officer to conduct post mortem examination and to treat the injured, the rough sketch of the scene place and the observation mahazar prepared by the investigating officer.

7. Having regard to the importance of the questions, we invited the members of the Bar, especially those practising on the criminal side, to assist the Court in deciding the issues. Accordingly apart from the learned counsel appearing for the parties concerned and the learned Public Prosecutor, Messrs. N.T.Vanamamalai and T.S.Arunachalam, learned Senior Counsel and Messrs. B.Sriramulu, S.Pichai, M.Karpagavinayagam, V.M.Lenin, P.Venkatasubramaniam, P.Rathinam and T.M.Vasudevan, advocates assisted the Court by making their detailed submissions.

A Bench of this Court presided over by two of us, viz., Ratnavel Pandian, J. (as he then was) and David Annoussamy, J. in the above criminal miscellaneous petitions and K.M.Natarajan, J., in Crl.R.C.No.821 of 1986, have referred the questions arising both in the miscellaneous petitions and the revision case respectively to be decided by a Full Bench in view of the cleavage of views in this regard. In all these cases, the common question that arises for consideration:

"Whether the accused is/are entitled to the certified copies of the first information report, remand report and the order passed thereon by the Magistrate, the complaint, if any, made by the arrestee at the time of remand and the order passed thereon by the Magistrate, the inquest report, the statements recorded during the inquest under Sec.174