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2025 Supreme(Online)(Ker) 51985

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
MATHEW STEPHEN – Appellant
Versus
STATE OF KERALA – Respondent
OP(CRL.) NO. 746 OF 2025 | CC NO.1262 OF 2016



Advocates:
For the Appellants/Petitioners: SRI.DENIZEN KOMATH, SHRI.DEAN DENIZEN KOMATH
For the Respondents: SRI.E.C.BINEESH-SR.PP

The court upheld the petitioner’s right to access documents as per procedural norms, crucial for fair trial.

Headnote:In accordance with the provisions of criminal procedure, the petitioner sought directives for the issuance of certified copies of 51 documents, asserting that only 4 were provided. The court found merit in the petitioner's grievance, noting the failure of process from the lower court and mandating compliance with the request for documents. The court ultimately concluded with the directive for the release of the remaining documents by a specific date, thus addressing the procedural deficiency raised by the petitioner.

Table of Content
1. petitioner's application for document access (Para 1 , 2)
2. court's acknowledgment of procedural shortcomings (Para 3)
3. court's directive for document issuance (Para 4)

J U D G M E N T

The petitioner is the accused No.1 in C.C.No. 1262 of

2016 on the files of the Judicial First Class Magistrate Court, Kolenchery.

2. The trial of the case has already commenced. The grievance of the petitioner is that, though he filed Annexure A2 copy application to get the copies of 51 documents, he was served with only 4 documents. It is in these circumstances, he has approached this Court to give a direction to the respondent to give copies of all the documents mentioned in Annexure A2 application.

3. I have called for a report from the learned Magistrate, who reported that only 4 out of the 51 documents mentioned in Annexure A2 were issued to the petitioner. It is further stated that the request for issuance of the remaining 47 documents was rejected for the reason that those documents were not forwarded to the Bench Section from the Crime Section. The report further reveals that the said documents have now been traced.

4. In these circumstances, the concerned officer in charge of the copy application section of the Judicial First Class Magistrate Court, Kolenchery, is directed to issue certified copies of the remaining 47 documents mentioned in Annexure A2 to the petitioner on or before 29.11.2025.

The original petition is disposed of as above.

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