S RAJESWARI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The present petition is filed by the petitioner seeking to set aside the order passed by the learned Special Judge/Chief Judicial Magistrate, Dharmapuri dated 27.06.2019 in Crl.MP.No.308/2019 in Special Calendar Case No.1/2019, in dismissing the petition held under 206 of Cr.P.C and directing the learned Trial Judge to furnish copies of documents No.7, 19, 23, 35, 49 and 56 to 59 in the list of documents filed along with final report in Spl.C.C.No.1/2019.

(2.) The petitioner is arrayed as Accused No.1 in Spl.C.C.No.1/2019 and on receipt of the summons from the trial Court, the petitioner appeared before the trial Court on 11.03.2019 and 04.04.2019 and copies of the documents relied on by the prosecution, were furnished to the petitioner u/s. 207 of Cr.P.C. On verification the petitioner found that the documents No.7,19,23,35,49,56 to 59 (list enclosed under the charge sheet.) were not furnished in due compliance of section 207 of Cr.P.C. Thereby the petitioner had filed a petition on 09.04.2019, in CMP.No.308/2019, requesting the Court to furnish the copies of the same.

(3.) The respondent had filed a counter stating that the petition is not maintainable, since copies of the documents No.7,19,23,35,49,56 to 59 were voluminous and document No 7 was already furnished to the petitioner. Further, it had been stated in the counter that the document No.19 is an Admission Register of Sri Sakthi ITI from 04/08/2006 to 27.08.2010 and it is a very big volume . Document No.23 consists of 73 sheets, Document No.35 pertains to application of students and sanction of scholarship for 78 students, Document No.49 consists of 209 sheets, Document No.56 consists of 272 pages, Document No.57 consists of 172 pages and Document No. 58 consists of 57 pages and Document No.59 consists of 100 pages and thereby, contended that the copies could not be furnished. It had been further submitted that since the documents are voluminous, the petitioner may be directed to peruse the documents as per proviso under Section 207 of Cr.P.C.