S. SHANMUGASUNDARAM Vs. STATE

JUDGEMENT

(1.) The Petitioner herein has made a third party application seeking copies related to the Special SC. No.2 of 2019 on the file of Thootukudi Principal District Court case which ended in aquittal. The application been rejected stating that the reason found in the Affidavit seeking Certified Copy of the documents, not satisfactory. Being aggrieved, the present Petition is filed seeking direction to set aside the said Order and direct the Court below to furnish the certified copies sought for.

(2.) Learned Counsel appearing for the Petitioner submitted that the case tried by the Court below is disproportionate asset of a Public Servant, ended in acquittal. The prosecution agency Thootukudi has not sought into any Appeal for acquittal. As a Public and interested person, he wants to prefer an Appeal against un-meritorious acquittal and hence, sought for the copies connected with the case which is necessary to prefer Appeal. The reason for seeking certified copy is explicitly mentioned in the Affidavit accompanied with the Petition. However, the Court below declined to entertain the application.

(3.) Learned Government Advocate (Crl. Side) submitted that in the Affidavit accompanied by the third party application, no satisfactory reason is stated for seeking copies of document and therefore, the Court below has rightly rejected the application.