SHAKKEER.M.K Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case is filed by the petitioner challenging the order passed by the Judicial First Class Magistrate Court-I, Kozhikode in PCA.No405/2104 in Crime No.589/2012 of Chevayoor police station dismissing the application to issue certified copy Section 164 statement of the prosecutrix recorded by the Judicial First Class Magistrate Court-I, Kozhikode under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code').

(2.) It is alleged in the petition that petitioner was arrayed as the accused in Crime No.589/2012 of Chevayoor police station. On 2.4.2014 he had applied for certified copy of the First Information Statement, First Information Report and statement of the prosecutrix recorded under Section 164 of the Code in Crime No.589/2012 of Chevayoor police station and it was numbered as PCA.No.405/2014 and after hearing the counsel for the petitioner and the Assistant Public Prosecutor of that court, the learned Magistrate passed Annexure-B order and granted permission to issue certified copy of the First Information Statement and First Information Report alone, but rejected the prayer for issuing certified copy of Section 164 statement of the prosecutrix recorded by the Magistrate. That is being challenged by the petitioner before this Court.

(3.) Heard the counsel for the petitioner and the learned Public Prosecutor after admitting the same considering the question of law raised in the matter.