SUBRAMANIAN ALIAS RAVI SUBRAMANIAN Vs. STATE ANDHRA PRADESH

JUDGEMENT

(1.) THE above petition has been filed in the following circumstances: the petitioner is an accused in S. C. No. 94 of 2005; he has been tendered pardon and he has been taken as an approver and hence he is still under custody; according to the petitioner the trial is pending for more than 2 + years and he is languishing in prison and with a view to move a petition for bail, the petitioner filed a copy application in S. R. No. 8574 of 2007 dated 17. 08. 2007 before the Court below seeking certified copies of F. I. R. , remand report, confession statement and order tendering pardon etc. but the said application has been returned with an endorsement that the provisions of Cr. P. C. or Rules under Cr. P. C. or any other authority has to be mentioned. Being aggrieved by that, the petitioner has filed the above Criminal Original Petition for a direction to permit the counsel for the petitioner to peruse the case bundles and also furnish the certified copies of the documents in S. C. No. 94/2005 on payment of Costs.

(2.) A counter affidavit has been filed by the respondent contending that the petitioner is not legally entitled for the documents sought for herein. It is further contended that once pardon is tendered to the petitioner he becomes a witness and therefore he has no legal right to press for the certified copes of the police records.

(3.) HEARD Mr. K. G. Senthil Kumar learned counsel appearing for the petitioner and Mr. Hasan Mohamed Jinnah, learned Government advocate (Crl. Side) appearing for the respondent.