web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Tag: K. Nagarajan Vs K.S. Ramasamy and Anr

Rev. Samuel D. Stephens and Ors Vs Pastor A. Samuel Ramasamy on 27 Feb 2009

Posted on August 8, 2021 by ShadesOfKnife

Relying on earlier decision here, single judge bench of Madras High Court held as follows:

From Para 12,

12. Mr. V. Karthik has also brought to the notice of the Court the following decisions in Jagatbhai Punjabhai Palkhiwala and others v. Vikrambhai Punjabhai Palkhiwala and others, AIR 1985 Gujarat 112; K. Nagarajan v. K.S Ramasamy, 2003 (3) M.L.J 211; and K.R. Sengottuvelu v. Karuppa Naicker, 2005 (5) CTC 91. The above decisions are relating to Civil cases, wherein it has been held that since the documents are in the custody of the Court, the parties cannot take xerox copies of the same without the permission of the Court, but that does not mean that the Court can refuse such  permission only on the ground that they have not become part of the record of the Suit.

From Para 16,

16. The main objection raised by the learned counsel for the respondent is that since the documents filed along with the Complaint have not been marked, the accused, at this stage, are not entitled to get certified copies of the same. In support of the said contention, the learned counsel relied upon the decision of the Apex Court reported in AIR 1970 SC 962, cited supra. It has to be pointed out that in the said decision, the Hon’ble Apex Court has held that the High Court was not justified, in indirectly applying to cases instituted on Private Complaints the requirements of Section 173(4), Cr.P.C In the said decision what the Hon’ble Court has held is that it was impermissible for the High Court to read into Section 94, Cr.P.C, the
requirements of Section 173(4), Cr.P.C on the ground that Section 173(4), Cr.P.C is not applicable to Private Complaints. On the said reasoning, the direction issued by the High Court directing the prosecution to furnish copies of the documents to the accused was set aside. But it has to be pointed out that in that decision, the question as to whether the accused is entitled to get certified copies of the documents filed along with the Private Complaint did not come up for consideration and hence, the said decision is not of any help to the respondent.

From Para 18,

18. In this context, it is pertinent to point out that the learned counsel for the respondent has not referred to any provision in the Criminal Procedure Code containing any prohibition to furnish certified copies of the documents filed along with the Private Complaint. The prohibition like the one contained under Section 173(4), Cr.P.C is not there as far as the documents filed along with the Private Complaint are concerned. Therefore, unless there is a statutory prohibition, it cannot be said that the accused is not entitled to get certified copies of the documents filed along with the Private Complaint.

From Para 20,

20. Similarly, in a Criminal case taken cognizance on the basis of the Private Complaint also if the allegations contained in the Complaint and the documents accompanied with the Complaint do not prima facie reveal the commission of any offence and the ingredients of the offence are not made out, it is always open to the accused to approach the High Court under Section 482, Cr.P.C seeking for quashing of the proceedings. For taking recourse under Section 482, Cr.P.C, it is necessary for the accused to produce before the Court a copy of the Complaint as well as the documents filed along with the Complaint. Since before taking cognizance, the learned Judicial Magistrate is bound to apply his judicial mind not only to the allegations contained in the Complaint but also to the documents accompanying the same and an order taking cognizance is a judicial order and as such the accused is entitled to challenge the cognizance taken in the case. As per Section 363(5), Cr.P.C, Save as otherwise provided in subsection (2), any person affected by an order passed by the Court on an Application made in this behalf and on payment of the prescribed charges be given a copy of such order or of any deposition or other part of the record. If the question is considered in the light of Section 363(5), Cr.P.C, it could be held that since, as pointed out above, an order taking cognizance is a judicial order, Section 363(5) is attracted and on that ground also the accused is entitled to get a copy of the part of the record of a Criminal case to enable him to seek appropriate remedy before the higher forum. In my considered view, Rule 339 of the Criminal Rules of Practice is in consonance with the provisions contained in Section 363(5), Cr.P.C It is also to be pointed out that by furnishing of certified copies of the documents filed along with the Private Complaint, no prejudice whatsoever is going to be caused to the complainant, whereas, if the request of the accused is rejected, it will definitely prejudice the right of the accused in seeking appropriate legal remedy before the higher Courts.

From Para 22,

22. A reading of the aforesaid provision shows that in a case instituted otherwise than on a police report, if it appears to the Magistrate issuing process under Section 204, Cr.P.C, that the offence is triable exclusively by the Court of Session, he shall furnish to the accused a copy of each of the documents filed along with the Complaint. That Sections casts duty on the Court to furnish the said documents free of cost. But similar duty is not cast on the Magistrate to furnish copies of the documents free of cost if the case is not triable exclusively by the Court of Session. It would mean that it is not incumbent on the part of the learned Judicial Magistrate to furnish copies of the documents free of cost either at the time of sending the process or on the appearance of the accused. There is no other provision which prohibits the accused from applying for certified copies of those documents filed along with the Complaint. As pointed out above, in the absence of any specific prohibition in the Cr.P.C either expressly or impliedly, in the considered view of this Court, the accused cannot be deprived of his right to get certified copies of the documents filed along with the Complaint so as to defend himself in the case as long as such furnishing of certified copies would not prejudice the case of the respondent.


Casemine Version:

Rev. Samuel D. Stephens and Ors Vs Pastor A. Samuel Ramasamy on 27 Feb 2009 (CM Ver)

Citations : [2009 LW CRL 1 386], [2009 SCC ONLINE MAD 576], [2009 MWN CRI 1 298], [2009 MLJ CRL 2 436]

Other Sources :

https://www.casemine.com/judgement/in/56ea7cf8607dba36cc747754

Posted in High Court of Madras Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Certified Copies of Unmarked and Unexhibited Documents CPC Order 11 Rule 15 - Inspection of Documents referred to in Pleadings or Affidavits CrPC 208 - Supply of copies of statements and documents to accused in other cases triable by Court of Session K. Nagarajan Vs K.S. Ramasamy and Anr Madras High Court Criminal Rules of Practice Not Authentic copy hence to be replaced Reportable Judgement or Order Rev. Samuel D. Stephens and Ors Vs Pastor A. Samuel Ramasamy Work-In-Progress Article | Leave a comment

K. Nagarajan Vs K.S. Ramasamy and Anr on 17 Jul 2003

Posted on August 7, 2021 by ShadesOfKnife

A single judge of Madras High Court, relying on earlier Gujarat High Court decision), held that, unmarked copies of documents can be sought for, via Copy application.

From paras 8 and 9,

8. The learned counsel for the revision petitioner contends that it contains certain defamatory, false and malicious allegations against the plaintiff and probably, the plaintiff may prefer to take legal action for giving such a complaint.
9. We are not concerned about the contents of the complaint or the intention of the complainant. What we are concerned is whether a party is entitled to get the certified copy of a document produced in Court, but not marked and which has not become a part of the record of that case.

From Para 12,

12. So far as this case is concerned, there is no dispute that the petitioner filed an application for grant of certified copy. But, the learned Additional District Munsif, returned the application on the sole ground that it has not been marked. Even after the petitioner resubmitted his application by making endorsement that he is entitled under Rule 127 of Civil Rules of Practice, with the same reason once again the copy application has been returned.

From Para 14, Law declared.

14. In any suit apart from the documents marked, there is likelihood of presence of other unmarked documents like warrant issued to the Commissioner or notice given to the Commissioner by the parties etc. Assuming that a party disputes receipt of notice issued by the Advocate Commissioner, then notice said to have been given by the Commissioner will become an important document and certainly copy of such notice shall be required by the other party who claims that actually notice has been given to the party who disputes it. Though the notice given by the Commissioner to the party may not be a part of the record as far as the suit is concerned, since it is not marked as an exhibit in the suit, still a notice can become necessary for a particular party for which he may require copy. Therefore, the document produced in Court even though not marked as a document in evidence in a suit, still necessity may arise for requirement of a certified copy of such a document. That is why under Order 62 and Order XI Rule 15 of Civil Rules of Practice, it is clearly mentioned that any document produced in Court can be inspected. The terms mentioned in Rule 62 and Order XI Rule 15 of Civil Rules of Practice are wider in nature, in the sense that the documents referred are not only marked but also produced in Court.

Indiankanoon Version:

K. Nagarajan Vs K.S. Ramasamy and Anr on 17 Jul 2003 (IK Ver)

Casemine Version:

K. Nagarajan Vs K.S. Ramasamy and Anr on 17 Jul 2003 (CM Ver)

Citations : [2003 MLJ 3 211]

Other Sources :

https://indiankanoon.org/doc/646246/

https://www.casemine.com/judgement/in/56090140e4b0149711156312

Posted in High Court of Madras Judgment or Order or Notification | Tagged 1-Judge Bench Decision Certified Copies of Unmarked and Unexhibited Documents CPC Order 11 Rule 15 - Inspection of Documents referred to in Pleadings or Affidavits K. Nagarajan Vs K.S. Ramasamy and Anr Madras High Court Civil Rules of Practice Not Authentic copy hence to be replaced Reportable Judgement or Order Work-In-Progress Article | Leave a comment

Search within entire Content of “Shades of Knife”

My Legal Twitter Timeline

Tweets by @SandeepPamarati

My MRA Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • MS Knit Pro International Vs State of NCT Delhi and Anr on 20 May 2022 May 23, 2022
  • Prabha Tyagi Vs Kamlesh Devi on 12 May 2022 May 20, 2022
  • Doongar Singh and Ors Vs The State Of Rajasthan on 28 Nov 2017 May 20, 2022
  • Anurag Saxena Vs Union of India on 17 May 2022 May 19, 2022
  • Sumer Singh Salkan Vs Asstt Director and Ors on 11 Aug 2010 May 15, 2022

Most Read Posts

  • Lifecycle Stages of a Maintenance Case under 125 CrPC (3,472 views)
  • Arunkumar N Chaturvedi Vs The State of Maharashtra and Anr on 24 Dec 2013 (2,694 views)
  • Neha Vs Vibhor Garg on 12 Nov 2021 (1,893 views)
  • Bhagyashri Jagdish Jaiswal Vs Jagdish Sajjanlala Jaiswal and Anr on 26 Feb 2022 (1,108 views)
  • Jagdish Shrivastava Vs State of Maharashtra on 11 Mar 2022 (1,000 views)
  • Deepak Sharma Vs State of Haryana on 12 Jan 2022 (668 views)
  • NBW Judgments (620 views)
  • Life Cycles of Various case types (560 views)
  • Busarapu Satya Yesu Babu Vs State of AP and Sake Roja on 05 Nov 2021 (517 views)
  • Rajendra Bhagat Vs State of Jharkhand on 03 Jan 2022 (513 views)

Tags

Legal Procedure Explained - Interpretation of Statutes (299)Reportable Judgement or Order (285)Landmark Case (282)Work-In-Progress Article (213)2-Judge (Division) Bench Decision (206)Catena of Landmark Judgments (184)1-Judge Bench Decision (100)Sandeep Pamarati (85)3-Judge (Full) Bench Decision (70)Article 21 - Protection of life and personal liberty (70)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (50)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Perjury Under 340 CrPC (48)Summary Post (46)CrPC 482 - Quash (37)Recommended Guidelines or Directions (33)Advocate Antics (33)Rules of the Act/Ordinance/Notification/Circular (32)IPC 498a - Not Made Out (32)PWDV Act 20 - Maintenance Granted (31)

Categories

Supreme Court of India Judgment or Order or Notification (588)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (292)High Court of Andhra Pradesh Judgment or Order or Notification (151)High Court of Delhi Judgment or Order or Notification (103)High Court of Bombay Judgment or Order or Notification (86)High Court of Karnataka Judgment or Order or Notification (55)General Study Material (55)High Court of Madras Judgment or Order or Notification (47)LLB Study Material (46)Prakasam DV Cases (46)Assorted Court Judgments or Orders or Notifications (45)Judicial Activism (for Public Benefit) (38)High Court of Punjab & Haryana Judgment or Order or Notification (38)High Court of Allahabad Judgment or Order or Notification (34)District or Sessions or Magistrate Court Judgment or Order or Notification (32)High Court of Kerala Judgment or Order or Notification (25)High Court of Madhya Pradesh Judgment or Order or Notification (24)High Court of Gujarat Judgment or Order or Notification (24)High Court of Calcutta Judgment or Order or Notification (17)High Court of Patna Judgment or Order or Notification (14)

Recent Comments

  • ShadesOfKnife on Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
  • muralidhar Rao Sirangi on Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
  • ShadesOfKnife on J.Shyam Babu Vs The State Of Telangana on 9 February, 2017
  • anuj on J.Shyam Babu Vs The State Of Telangana on 9 February, 2017
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Archives of SoK

  • May 2022 (10)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (29)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (36)
  • December 2019 (35)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (58)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (19)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (102)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • Cloudflare Workers Analytics Issues May 23, 2022
    May 23, 21:51 UTCInvestigating - Some customers might experience errors accessing Cloudflare Workers Analytics data in the Cloudflare dashboard and APIs.
  • Network Performance Issues in the Czech Republic May 23, 2022
    May 23, 17:24 UTCResolved - This incident has been resolved.May 23, 15:57 UTCIdentified - The issue has been identified and a fix is being implemented.May 23, 15:54 UTCInvestigating - Cloudflare is investigating issues with network performance in the Czech Republic. We are working to analyze and mitigate this problem. More updates to follow shortly.
  • Cloudflare Community Maintenance May 23, 2022
    May 23, 15:00 UTCCompleted - The scheduled maintenance has been completed.May 23, 13:00 UTCIn progress - Scheduled maintenance is currently in progress. We will provide updates as necessary.May 19, 21:24 UTCScheduled - Our vendor will be conducting a planned maintenance on the Cloudflare Community site (https://community.cloudflare.com).The Community may observe a short (1 - 2 minutes) […]

RSS List of Spam Server IPs from Project Honeypot

  • 103.243.242.25 | SD May 22, 2022
    Event: Bad Event | Total: 1,224 | First: 2021-07-31 | Last: 2022-05-22
  • 106.13.128.148 | S May 22, 2022
    Event: Bad Event | Total: 8 | First: 2022-05-22 | Last: 2022-05-22
  • 192.3.198.24 | S May 22, 2022
    Event: Bad Event | Total: 21 | First: 2022-04-03 | Last: 2022-05-22
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 622 access attempts in the last 7 days.

pixel