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2019 Supreme(Online)(KER) 4325

ATHULYA – Appellant
Versus
STATE OF KERALA – Respondent


The petitioner herein is the defacto complainant in Crime No.

478/2019 of Ezhukone Police Station, which has been registered for

offences punishable under Secs. 451, 341, 354, 354D and 509 of the

I.P.C. It is stated that the statement of the petitioner has been

recorded by the competent Magistrate concerned. The statement of

the petitioner, as the defacto complainant in this case, is stated to

have been duly recorded by the competent Magistrate in terms of the

provisions contained in Sec.164 of the Cr.P.C. According to the

petitioner, she needs a copy of of said Sec. 164 Cr.P.C. statement

given by her and for that purpose, she has submitted an application

as Criminal Miscellaneous Petition No.3048/2019 before the Judicial

First Class Magistrate's Court-I, Kottarakkara, who is dealing with the

case in the abovesaid crime, for issuance of a ertified copy of her

abovesaid Sec. 164 Cr.P.C. statement.

2.

The learned Magistrate by the impugned Anx. A-1 order

dated 2.8.2019 has rejected the said plea on the ground that

final report has not so far been submitted in this case. It is this

Crl.M.C.7191/19

- : 3 :-

order at Anx.A-1 that is under challenge in

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