V.K. SASIKALA D/O. VIVEKANANDAN Vs. STATE REPRESENTED BY THE SUPERINTENDENT OF POLICE DV AND AC CHENNAI.

JUDGEMENT

(1.) THE petitioner/accused No. 2 in Special C.C. No. 203/2004, pending trial for offences punishable under sections 120B and 109 IPC and also for offences punishable under sections 13(1) (e) r/w 13(2) of the Prevention of Corruption Act, 1988 (for short, 'the Act') had made an application before the trial court under sections 207 and 243(2) Cr.P.C., r/w rule 2, Chapter XIV of the Karnataka Criminal Rules of Practice, 1968. The trial court rejected the application in terms of the impugned order. Therefore, the petitioner/accused no. 2 is before this court. I have heard Sri S.K. Venkata Reddy, learned counsel for petitioner and Sri Sandesh J. Chouta, learned counsel for respondent.

(2.) IN the application filed before the trial court, petitioner had sought for certified copies of all the documents mentioned in Annexures I to XIV, reading as hereunder: - ANNEXURE -I I SEARCH LIST No. 129126 <FRM>JUDGEMENT_3027_TLKAR0_2012.htm</FRM> 3. It is the contention of petitioner that several documents relied upon by prosecution are not tendered in evidence on the sole ground that they would be in favour of accused and petitioner in particular. The copies of all the documents mentioned in the application are absolutely essential for petitioner to substantially answer the questions put to her during her examination under section 313 Cr.P.C. That apart, copies of all the documents sought for in the application would also be required by petitioner for tendering her evidence and also for putting in her written statement. Therefore, petitioner has sought for copies of all the aforestated documents. The application was opposed by respondent and came to be rejected in terms of the impugned order. 4. Sri S.K. Venkata Reddy, learned counsel for petitioner would submit that petitioner has indefeasible right to obtain certified copies of all the documents seized during the course of investigation. The petitioner has right to obtain certified copies of all the documents seized during the course of investigation notwithstanding the fact that such documents have not been tendered in evidence. 5. The learned counsel for petitioner has relied on following decisions: