JUDGMENT

Sulaiman, Ag. C.J.

1. This is a reference by the Sessions Judge of Mainpuri from an order refusing to grant a copy under Sub-section 5 of Section 165 of the new Criminal P. C, The house of Churamani Chaturvedi was searched by a Sub-Inspector of Police in connexion with some theft cases and the final report of the police was submitted to the Sub-Divisional Magistrate who accepted it. Next day Chaturvedi made an application to the Magistrate for being supplied with copies of any record made by the Sub-Inspector under Sub-sections (1) or (3) of that section. The Magistrate did not grant the application but ordered it to be filed. The revision to the Sessions Judge was from this order which amounted to a refusal to grant the application. The Magistrate in his explanation admits that there seems to have been some mistake on his part or that of his reader, which he regretted. Possibly the application was misunderstood as the Magistrate suggests

2. The right to apply for copies is now embodied in the section of the Code mentioned above. The order directing it to be filed was tantamount to refusing to grant the copies. This order cannot be treated, as an extrajudicial or executive or