M V KURIACHAN Vs. SHYAM PRASAD

JUDGEMENT

(1.) Is a person entitled for issue of a certified copy of the proceedings paper/order sheet maintained by a court which reveals the transactions in court on a given date of posting Does Rule 225 of the Kerala Criminal Rules of Practice justify the refusal to issue a certified copy of such proceedings paper/order sheet These questions are thrown up for consideration now.

(2.) This application is for grant of leave under Section 378(4) Cr.P.C. to prefer an appeal against a judgment of acquittal in a prosecution under Section 138 of the N.I. Act. The acquittal is recorded under Section 256, Cr.P.C. To consider the question of grant of leave, the learned Counsel for the petitioner was directed to produce copy of the order sheet/proceedings paper maintained by the learned Magistrate from the date of the complaint to the date of the impugned order. The learned Counsel for the petitioner now laments that though an application was filed by the petitioner seeking copy of the order sheet, the same has been dismissed by the learned Magistrate by order dt. 22.7.2008. In that the rejection is sought to be justified by the stipulations of Rule 225 of the Kerala Criminal Rules of Practice.

(3.) Rule 225 of the Criminal Rules of Practice in Kerala reads as follows: