Madras High Court
Cbi Represented By vs Shri Padmanabhan Kishore on 1 November, 2017
Author: G.Jayachandran
Bench: G.Jayachandran
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 01.11.2017 CORAM: THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Criminal Revision No.1125 of 2015 CBI represented by Additional Superintendent of Police, SPE:CBI:ACB:Chennai. .. Petitioner/Complainant Versus Shri Padmanabhan Kishore M/s. Everonn Education Limited., Perungudi, Chennai. .. Respondent/Accused Criminal Revision filed under Section 401 r/w 397 Cr.P.C., to set aside the order dated 22.07.2015, in Criminal M.P.No.232 of 2015, in CC No.3 of 2013 passed by the learned IX Additional Special Judge for CBI Cases, Chennai. For Appellant .. Mr.K.Srinivasan Special Public Prosecutor for CBI cases For Respondent.. Mr.Abudhu Kumar Rajarathinam for Mr.K.Sathiaseelan. ------- ORDER
This Revision Petition is directed against the order of the trial court directing the Prosecution Agency to furnish the unedited true certified copy of intercepted phone conversation in audio form while the transcript of the intercepted phone conversation has already been furnished to the respondent/accused under Section 207 of Cr.P.C.
2. The contention of the learned counsel appearing for the respondent/accused is that the transcript does not consist of the entire phone conversation found in the audio record, but it is only a selective portion of the phone conversation. Hence the entire unedited conversation found in the audio record has to be furnished to the accused.
3. The learned Special Public Prosecutor submits that pursuant to the order passed by the trial court the entire unedited certified copy of intercepted phone conversation in audio form has already been submitted to the trial court with certificate under Section 65B of the Indian Evidence Act, along with memo on 28.9.2017.
4. Having furnished the entire unedited intercepted phone conversation in audio form before the trial court, nothing survives in the Revision Petition.
5. In the result, this Revision Petition is dismissed. However, it is made clear that the trial court shall take copies of the intercepted phone conversation in audio form furnished by the Prosecution along with memo dated 28.9.2017, with the assistance of the experts in the presence of the counsels appearing for the Prosecution as well as the accused and furnish copy of the same to the persons concern within a period of 30 days from the date of receipt of copy of the order.
Index:Yes/No 01.11.2017
Internet:Yes/No
Speaking/Non-Speaking order
gr.
Copy to:-
1.The IX Additional Special Judge for CBI Cases, Chennai.
2.The Special Public Prosecutor for CBI cases, High Court, Madras.
G.JAYACHANDRAN, J
gr.
Cril.R.C.No.1125 of 2015
01.11.2017