NATARAJAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner is the sole accused in Crime No. 473 of 2011, on the file of the respondent police. The said case has been registered for offences under Sections 354, 506(i) I.P.C., 3(1)(x) of SC & ST (Prevention of Atrocities) Act and Section 4 of the Tamil Nadu Women Harassment Act. The investigation is still pending and the final report has not been filed by the respondent police before the jurisdictional Magistrate. While so, the petitioner filed a petition before the learned Judicial Magistrate, Tirukoilur seeking certified copy of the statement recorded under Section 164 Cr.P.C., from the witnesses in the said case. According to the petitioner, he is in need of the same for using it in a different proceeding and therefore, he filed the said petition. The learned Judicial Magistrate, by order dated 16.12.2011, returned the said petition with the following remarks:-

(2.) Aggrieved over the same, the petitioner has come up with this petition challenging the said order of return made by the learned Judicial Magistrate.

(3.) In this petition, it is contended by the petitioner that he is entitled for certified copies of the statements recorded from the witnesses under Section 164 Cr.P.C., though the fact remains that the investigation is still pending and final report has not been filed so far. In order to substantiate the said contention, the learned Senior Counsel appearing for the petitioner would rely on a judgment of a Full Bench of this Court in Selvanathan alias Raghavan and 9 others v. State, 1988 LW(Cri) 503.