ATHULYA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the defacto complainant in Crime No. 478/2019 of Ezhukone Police Station, which has been registered for offences punishable under Secs. 451, 341, 354, 354D and 509 of the I.P.C. It is stated that the statement of the petitioner has been recorded by the competent Magistrate concerned. The statement of the petitioner, as the defacto complainant in this case, is stated to have been duly recorded by the competent Magistrate in terms of the provisions contained in Sec.164 of the Cr.P.C. According to the petitioner, she needs a copy of of said Sec. 164 Cr.P.C. statement given by her and for that purpose, she has submitted an application as Criminal Miscellaneous Petition No.3048/2019 before the Judicial First Class Magistrate's Court-I, Kottarakkara, who is dealing with the case in the abovesaid crime, for issuance of a ertified copy of her abovesaid Sec. 164 Cr.P.C. statement.

(2.) The learned Magistrate by the impugned Anx. A-1 order dated 2.8.2019 has rejected the said plea on the ground that final report has not so far been submitted in this case. It is this order at Anx.A-1 that is under in this Criminal Miscellaneous Case. The prayers in this Crl.M.C. filed under Sec. 482 of the Cr.P.C. are as follows:

(3.) Heard Ms.B.Kalliani Krishna, learned counsel appearing for the petitioner (defacto complainant) and Sri. T.R.Renjith, learned Prosecutor appearing for the respondent State.