RAJMOHAN PILLAI Vs. C.B.I.

JUDGEMENT

(1.) The second accused, who stands convicted for offences punishable under Sections 420, 468, 471 r/w 120(B) of the Indian Penal Code and few provisions of the Prevention of Corruption Act, is the appellant. The interlocutory application is filed by the appellant. According to the appellant, Exts.P1 to P232, depositions of PWs.1 to PW99 and Exts.D1 to D28 which form part of the records of the Trial Court are not fully readable. For the proper conduct of the case, photocopies of the readable versions of the documents and depositions of witnesses are highly essential. Hence, it was prayed that the certified copies of Ext.P1 to P232, Exts.D1 to D28 marked by the defence and that of readable copies of the depositions of PWs.1 to PW99 and DW1 to DW3 may be issued to the petitioner.

(2.) According to the learned counsel for the petitioner, he is entitled for readable copies of the depositions and documents for effectively defending the accused. According to him, he would be prejudiced and remain handicapped, unless he is supplied with the certified copies of the readable copies of the depositions also. It was contended that without furnishing it, effective defending of the case will not be possible. The crucial question is whether the certified copies of the readable copies of the depositions can be given.

(3.) Chapter X of the Rules of the High Court of Kerala 1971 deals with certified copies. Rule 128(1) provides that any person entitled to obtain a copy of any proceeding or document filed in or in the custody of the Court may present an application. The application is to be made in Form No. 9, with certain particulars to be furnished. Rule 130 relates to copies of documents filed in Subordinate Courts. Rule 138 deals with copying charges and Rule 141 deals with transcription of copies. Evidently, the Rules are self contained, to regulate proceeding regarding the issuance of certified copies.