OMPRAKASH SHRIVASTAVA Vs. STATE OF M.P.

JUDGEMENT

(1.) THE accused -applicant Omprakash has directed this petition under Section 482 of the Code of Criminal Procedure (for short 'the Code') for quashing of the orders dated 28.3.1998 and 2.2.1998 respectively rendered by Judicial Magistrate, First Class, Bagali in Criminal Case No.171 of 1994 and Fourth Additional Sessions Judge, Dewas in Criminal Revision No.14 of 1998, whereby the Courts below on the prayer of the applicant refused to supply legible copies of the challan papers filed by Police Hatpipliya against the applicant.

(2.) BRIEFLY stated, the facts of the case are that a challan under Section 409 IPC was filed against the applicant by Police Hatpipliya in the Court of Judicial Magistrate, First Class, Begali. Immediately after the supply of the copies of the challan papers, the applicant on 10.10.1995 requested the trial Magistrate that the copies of the challan supplied to him are not legible and prayed that the legible copies be supplied to him. The learned Magistrate by order dated 10.10.1995 allowed the prayer of the applicant and fixed the date for supply of the legible copies of the challen papers. The case was adjourned to so many dates for supply of the legible copies of the challan papers but till 2.2.1998 the legible copies of the challen papers were not supplied to the applicant. The applicant filed application before the trial Magistrate for his discharge on the ground that after a long lapse of time the legible copies of the challan papers are not supplied to him. The learned Magistrate without passing any order on the aforesaid application, by the impugned order, rejected the prayer of the applicant for supply of the legible copies of the challan papers and fixed the date for arguments on charge. Aggrieved, the applicant has filed the revision petition before the Additional Sessions Judge but the same was dismissed. Now the applicant has filed this petition for quashing of the orders of the Courts below and prayed for directing the trial Magistrate to supply the legible copies of the challan papers to the applicant under Section 482 of the Code. With the consent of the learned counsel for the parties the matter was finally heard at the motion hearing stage.

(3.) IN view of the aforesaid provisions, it was necessary for the Magistrate concerned to supply and satisfy himself that the copies of the legible challan papers are supplied to the accused in compliance to the provisions under Section 207 of the Code. In the present case on 10.10.1995, on the request of the applicant, he directed the prosecution to supply legible copies of the challan papers to the applicant but the said order was not complied with, till 2.2.1998 and thereafter without supplying the legible copies of the challan papers the case was fixed for arguments on charge. In my considered opinion without complying with the mandatory provisions of Section 207 and 238 of the Code commencing trial - against the applicant causes hardship to the applicant and in this respect to prevent abuse of the process of the Court and to secure ends of justice, the interference of this Court in exercise of the powers under Section 482 of the Code appears necessary.