INDUS MOTORS CO LTD Vs. STATE

JUDGEMENT

(1.) THIS Petition has been filed by the petitioner praying for a direction to the learned Chief Metropolitan Magistrate, Egmore, Chennai to furnish certified copies of a) 161 Statements and b) the final report in X Crime No.632 of 2009 on the file of the respondent.

(2.) THE learned counsel for the petitioner submits that one M.J.Shankar had given a complaint against the petitioner and another accused, and a case was registered by the Central Crime Branch, Egmore, Chennai in X Crime No.632 of 2009 for offences under Sections 420, 463 and 464 I.P.C. The respondent police after investigation filed the final report referring to as "Mistake of Fact". The petitioner herein filed an application before the learned Chief Metropolitan Magistrate, Egmore, Chennai seeking for copies of (1)F.I.R. (2) Complaint (3) 161 Statement of all witnesses and (4) Final report, on payment of charges. The learned Magistrate passed an order for issuing certified copies of items 1 and 2 and rejected to issue certified copies of items 3 and 4 for the reason that they will be granted only after passing orders on the final report.

(3.) THE learned counsel would further submit that the copies of the final report also should be furnished to the petitioner as per the Criminal Rules of Practice 339 which runs as follows:-