BIGHNESWAR PATRA Vs. OFFICER IN CHARGE COPYING

JUDGEMENT

(1.) THE petitioner -Bighneswar Patra is an accused in Pattamundai P.S. Case No. 107 of 2000 corresponding to G.R. Case No. 718 of 2000 registered under Sections 341/323/295, IPC and Section 3 of the SC and ST. (P.A.) Act, 1989 which was subsequently renumbered as S.T. No. 44/712 of 2003 after commitment. For non -appearance of the petitioner, the learned Additional Sessions Judge, Kendrapara passed an order dated 20.12.2003 issuing NBW against the petitioner fixing the case to 13.1.2004 for his production. Thereafter on 27.7.2004 Shri G. Mohanty, Advocate filed a Vakalatnama in the aforesaid case executed by the petitioner and on 4.8.2004 Shri Mohanty filed a petition under Section 205, Cr.P.C. which was rejected by the Court below. Oh 6.8.2004 Shri G. Mohanty, learned Advocate for the petitioner, filed an application for grant of certified copy of the orders dated 20.12.2003 and 4.8.2004 passed by the Court below which was numbered as CA No. 809 of 2004. But by order dated 7.8.2004 the said application was rejected on the ground that under Rule 254 of the GRCO (Criminal) Vol. -I only a party to a criminal proceeding may obtain certified copies of the records of the case or proceeding whereas the application for certified copies of the said orders dated 20.12.2003 and 4.8.2004 was not filed by the party to the criminal proceeding.

(2.) AGGRIEVED by the said orders dated 20.12.2003 and 4.8.2004 passed by the learned Addl. Sessions Judge, Kendrapara rejecting the application for obtaining certified copies of the said orders dated 20.12.2003 and 4.8.2004 the petitioner has filed this Writ Petition under Article 226 of the Constitution for appropriate relief.

(3.) IN Ramdeo Tilokchand Agrawal v. Lalu Natha, AIR 1937 Nagpur 65 it has been held that Vakalatnama is a power of attorney. Section 2 of the Powers of Attorney Act, 1882 is quoted hereinbelow :