A single judge bench of Madras High Court held as follows,
From Paras 4 and 5,
Subramanian @ Ravi Subramanian Vs State of Tamil Nadu on 20 Nov 20074. The learned counsel appearing for the petitioner by relying upon Rule 339 of the Criminal Rules of Practice submits that the petitioner being a party to S.C.No. 94/2005 is entitled to get certified copies of the documents which form part of the record of the criminal case. Rule 339 of the Criminal Rules of Practice reads as follows:
“339.Copies to be given to parties:- Copies of any portion of the record of a Criminal case must be furnished to the parties concerned on payment of the proper stamp and the authorized fee for copying…..”
5. The learned counsel for the petitioner submits that though the petitioner had been granted pardon and taken as approver nonetheless he remains a party to the proceedings and as such he is entitled to get certified copies of the documents as per the above said rules. In support of the above said
contention, the learned counsel relied upon the decision of a learned Single Judge of this Court reported in CDJ 2006 MHC 1600 (K.Ramaiah Vs. R.Sudhakara Naidu). In that decision referring to Rule 339 of the Criminal Rules of Practice and other decisions of this Court, the learned Judge has held that the Trial Court cannot refuse to receive the copy application and it is bound to follow Rule 339 in so far as copies are given to the parties are concerned.
The Index is here.
