POMPANNA GOWDA Vs. STATE OF MYSORE

JUDGEMENT

(1.) In this petition, the legality of the order passed by the Second Additional Munsiff-Magistrate, Bellary, in CC. No.935 of 1969 refusing to give a tree copy of the judgment of acquittal of the petitioner is challenged.

(2.) This petitioner, who was an accused in CC. No.935 of 1969 was acquitted in the said case by the Second Additional Munsiff-Magistrate Bellary. On 9-7-1970, the petitioner filed application under S.371(1), Cr.P.C. praying for grant of free copy of the judgment of acquittal on the ground that it was required by him for some other purpose On 10-9-1970, the learned Magistrate rejected the application on the ground that the petitioner had mentioned that the copy was required in order to file a suit for malicious prosecution.

(3.) Shri D.Puttaswamy, learned Advocate appearing on behalf of the petitioner, pointed out that S.371(1) Cr.P.C. lays down mandatorily that a trial Court should grant a copy of the judgment in criminal case to the concerned accused, free of cost, on an application being made by such accused provided such a case is not a summons case. S.371(1), Cr.P.C. reads as follows: