This decision clarifies the procedure and rights of third parties under Rule 226 regarding access to documents in criminal proceedings when seeking evidence in separate legal matters.

ORDER

The petitioner herein is the wife of the party respondent herein. It appears that the party respondent was the accused in Crime No.1456 of 2022 on the files of the Kottayam East Police Station registered for offences punishable under Sections 376, 376(2)(n), 354-A, 506 of the IPC.

2. The party respondent was granted regular bail by the Court of Session by order dated 23.8.2022 in Crl.M.P No.1799 of 2022. The petitioner is the third party to the proceedings and, being the estranged wife of the 2nd respondent, filed an application by invoking Rule 226 of the Criminal Rules of Practice with a prayer to issue a certified copy of the bail application filed by the party respondent in Crl.M.P No.1799 of 2022. In the application so filed, it is contended by the petitioner herein that she has instituted a divorce petition before the Family Court, Ettumanoor, against the party respondent and that in the bail application filed by him, certain allegations have been leveled against the petitioner herein and her family members. According to the petitioner, the certified copy of the application would be relevant evidence to substantiate the elements of cruelty practiced by the party respondent against the petitioner herein.

3. The learned Sessions Judge considered the application and, by Annexure A7 order, rejected the application holding that the reasons stated for issuance of copy were insufficient. The said order is under challenge.

4. I have heard Sri. Luke J. Chirayil, the learned counsel appearing for the petitioner and the learned Senior Government Pleader.

5. Rule 226 of the Criminal Rules of Practice reads as under:

Rule 226 Application for copies by strangers:

“Except in the case of judgements, applications for the grant of copies of any proceedings or documents by a stranger to the proceeding shall be allowed only by order of the court obtained on a petition duly verified setting forth the purpose for which the copy is required.”

6. The above rule allows strangers to the proceeding to request copies of proceedings or documents, but only after obtaining the court's permission. The request, however, must be properly verified, providing clear explanations for why the copies are needed. In the instant case, being the wife of the person who had filed the bail application has met the stipulated rule requirements. She has presented a thoroughly validated application outlining the reasons she needs a copy of the bail application - primarily to serve as evidence in separate proceedings currently before the Family Court. Of course, if the court was of the opinion that the request is driven by mala fide motive or if the application was not in proper form, the request can be rejected. However, in this case, the petitioner has furnished reasons and I am of the view that the reasons stated by her are valid and substantial. In that view of the matter the order passed by the learned Magistrate cannot be sustained under law.

This petition will stand allowed. The learned Sessions Judge is directed to furnish a copy of the records sought forthwith.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE Sru APPENDIX OF CRL.MC 5657/2023 PETITIONER’S ANNEXURES Annexure A1 THE TRUE COPY OF THE DIVORCE PETITION, OP NO

1166/2021 DATED 23.09.2021 ON THE FILES OF THE HONOURABLE FAMILY COURT KOTTAYAM AT ETTUMANOOR.

Annexure A2 THE TRUE COPY OF THE FIR DATED 06.08.2022 IN CRIME NUMBER 1456 OF 2022 ON THE FILES OF THE KOTTAYAM EAST POLICE STATION, KOTTAYAM DISTRICT.

Annexure A3 TRUE COPY OF THE F.I.R. DATED 19.06.2021 IN CRIME NO 1148 OF 2021, ON THE FILES OF THE CHANGANASSERY POLICE STATION, KOTTAYAM DISTRICT.

Annexure A4 THE TRUE COPY OF THE F.I.R. DATED 23.01.2023 IN CRIME NUMBER 0255 OF 2023 ON THE FILES OF THE ERNAKULAM CENTRAL POLICE STATION.

Annexure A5 THE TRUE COPY OF THE JUDGEMENT IN R.P. NO.

369/2023 DATED 20.03.2023.

Annexure A6 THE TRUE COPY OF THE CRL. M.C NO: 2598/2022 IN CRL.M.P NO: 1799/2022 DATED 28.10.2022 ON THE FILES OF THE HONORABLE SESSIONS COURT, KOTTAYAM.

Annexure A7 T