JAYANTIBHAI LALUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Divetia, learned Addl. Public Prosecutor waives service of rule. At the request of learned Counsels, application is heard today. Petitioner has filed these applications as his application for obtaining certified copy of complaint was not entertained by Judicial Magistrate, First Class, Patan. The facts relevant for deciding these applications are as under : One complaint has been registered by Patan Taluka Police Station as C. R. No. 34 of 1992 on 25-2-1992. Some allegations were made in the complaint against the petitioner and therefore petitioner wanted to approach this Court for obtaining orders under Sec. 438 of the Criminal Procedure Code (hereinafter referred to as the 'Code'). With a view to present his case before this Court, the petitioner applied for certified copy of First Information Report (hereinafter referred to as F. I. R. for brevity) referred to above and also deposited Rs. 10.00 on 5-3-1992. However, his application was rejected and order was passed to the effect that the amount be refunded and application may be filed. Being aggrieved by that order the petitioner has approached this Court.

(2.) Mr. Nitin Amin, learned Advocate for the petitioner submitted that when a document is tendered before the Court either in evidence or not, certified copy of that must be supplied to the concerned person. It was also pointed out to the trial Court that the same is required or producing before the High Court and it was submitted that for obtaining judicial orders from this Court, the trial Court ought to have supplied the certified copy of F. I. R. Mr. Amin. learned Advocate submitted that some of the Courts are supplying certified copy of F. I. R. but some Courts are not supplying the same and that causes undue hardship to the litigants. He therefore, submitted that whenever there is a bona fide requirement the copy should be supplied and directions be given by this Court to that effect.

(3.) Word 'complaint' is defined in Sec. 2(d) of the Code which reads as under :