SUSEELAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Judgment dated 23/10/2013 is recalled. The OP (Cri) is filed seeking a direction to the Court below to give a readable copy of the deposition of the witnesses in CC No. 977/2008 which is pending before the Judicial first Class Magistrate Court, Varkala.

(2.) Petitioner is the 1st accused in Crime No. 525/2008 of varkala Police Station. The 2nd respondent herein, who is the wife of the petitioner, filed a complaint against the petitioner alleging harassment by demanding dowry. The petitioner engaged a lawyer, he relinquished his vakalath and a new lawyer was appointed. The new counsel appeared before the Court and he took copies of the relevant documents including depositions of all the witnesses, it is submitted that the depositions are not readable. Hence the counsel requested the Court to give readable copies of the same.

(3.) It is pointed out that the deposition taken down by the learned Magistrate in CC No. 977/2008 on the file of the Judicial First Class Magistrate Court, Varkala is not readable and hence the counsel prayed that readable copies of the same may be provided to the petitioner. In Circular No. 27/70, D1-25751/70 dated 06/08/1970, the High Court specified that if the hand writing of any Presiding Officer is not easily readable he will arrange for the preparation of clear legible copies of depositions and statements as soon as practicable after they are recorded. The Presiding Officer will carefully scrutinise the copies and certify their correctness. But, although these copies may be referred to, if necessary, certified copies, must, of course, be prepared only from the original.