THOMAS Vs. REGISTRAR OF COMPANIES AND ANR.

JUDGEMENT

(1.) THE Petitioner challenges herein the order of the Court of Session, Kozhikode confirming the decision of the Chief Judicial Magistrate, Kozhikode in respect of an application for certified copies of notes of deposition of the witnesses in S.T. No. 155 of 1975 of that court. The Chief Judicial Magistrate rejected the application stating:

(2.) SECTION 264 of the Code of Criminal Procedure has undergone changes in recent years. The section as it originally stood was as follows:

(3.) SECTION 263 of the Code of Criminal Procedure also stands amended under the new Code. Section 263 of the Code of 1898 dealing with record in cases where no appeal lay specifically mentioned that a Magistrate need not record the evidence of witnesses. This provision is absent in the new Code. This also indicates that under the law now in force it is incumbent on the Magistrate to record the substance of the evidence as mentioned in Section 264. It follows that parties are entitled to copies of the substance of the evidence. The order of the Magistrate refusing to grant copies of the notes of deposition on the ground that grant of copies is not permissible is unsustainable. The order will stand set aside. The Petitioner will be given copies of the notes of deposition on payment of the fee required thereto.