LEELA SHANKAR ALIAS SHANKAR Vs. STATE

JUDGEMENT

(1.) Both the above petitions have been filed praying to call for the records in the committal order dated 28.2.2003 and the order made in Cr.M.P.974 of 2003 in P.R.C. No.55 of 2002 pending on the file of the XXIII Metropolitan Magistrate, Saidapet and quash the same as illegal.

(2.) The averments of the petitions are that the petitioner was arrested on 06.04.2002 for an alleged offence punishable under Sections 120(B) and 302 IPC; that the petitioner is in continuous detention and charge sheet was laid on 10.01.2003; that the committal court prepared copies and furnished the same to the petitioner on 21.01.2003 and on perusal of the materials, the petitioner found that the copies are not legible, readable and further several material documents were missing and above all, several material documents were in English, which language is unknown to the petitioner; that after perusing the material papers, he could not understand anything and hence he was not able to formulate his defence and after meticulous efforts, he was able to find three types of errors committed by the prosecution, viz., one set of copies are not legible, secondly, yet another type of material documents were missing and thirdly that the documents were in English with which he is not conversant.

(3.) The petitioner would further pointing out the above mistakes, that he filed petitions under Section 207 Cr.P.C. to comply with the same in letter and spirit and particularly referred to the error apparent on the face of the prosecution papers that the requirement of serving the papers was not complied with and hence, Section 207 Cr.P.C. was infringed.