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G. ILANGOVAN
T. Arunkumar – Appellant
Versus
State of Tamil Nadu, Represented by the Inspector of Police, Tirunelveli – Respondent
JUDGMENT
For the Petitioner: Henri Tiphagne, Advocate. For the Respondent: T. Senthil Kumar, Additional Public Prosecutor.
(Prayer: Criminal Original Petition has been filed under section 482 of the Criminal Procedure Code, to set aside the docket order, dated 06/04/2023 and consequently direct the Judicial Magistrate, Ambasamudram to issue a certificate copies of the available documents sought for by the petitioner in CA No.164 of 2023 and pass such further or other orders.)
Criminal Original Petition has been filed under section 482 of the Criminal Procedure Code, to set aside the docket order, dated 06/04/2023 and consequently direct the Judicial Magistrate, Ambasamudram to issue a certificate copies of the available documents sought for by the petitioner in CA No.163 of 2023 and pass such further or other orders.)
Common Order:
1. Both these criminal original petitions are filed to set aside the orders, dated 06/04/2023 passed by the Judicial Magistrate, Ambasamudram in the Copy Application Nos.163 and 164 of 2023 and for direction to the Judicial Magistrate, Ambasamudram to issue the certified copies of the available documents.
2. A simple copy application.
But a lot of
The main legal point established in the judgment is the balancing of the rights of the accused and the larger interest of society in accessing certified copies of documents under Rule 231 of the Crim....
The obligation of the prosecution to make fair disclosure and ensure a fair trial for the accused by furnishing copies of all relevant documents and statements as per Section 207 of Cr.P.C.
Accused cannot obtain copies of statements recorded under Section 164, CrPC, before filing of charge-sheet, despite them being public documents under Section 74 of the Evidence Act.
The main legal point established in the judgment is that the Enforcement Directorate should follow the prescribed procedure under the Criminal Rules of Practice, 2019 for obtaining certified copies o....
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