P.Manikandan @ C.D.Mani vs The State Rep By on 16 December, 2019
2. The learned Counsel for the petitioner has submitted
that the petitioner has been arrayed as accused in Crime No.437 of
2018 for the alleged offences under Sections 148, 353, 307, and
506 (2) of I.P.C and under Section 25(1)(B) (a) and 3 of the ARMS
Act. He further submitted that the respondent police after
investigation has filed a final report and based on the same, the
learned Judicial Magistrate, Alandur has taken the case on file in
P.R.C.No.20 of 2019 and the case is pending for committal. He
further submitted that the petitioner has applied for copy of the
charge sheet and other records which were filed under Section 173
of Cr.P.C., on 06.06.2019 and the same was returned stating that
when the petitioner is evading service of summons, how copy
application is maintainable. Subsequently, on 31.10.2019, the
petitioner has filed another copy application and the learned Judicial
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Crl.OP.No.30706 of 2019
Magistrate has returned the said application also on the same
reason. He further submitted that as per Rule 339 of Criminal Rules
of Practice, the petitioner is entitled to get a copy for the aforesaid
documents, but, the learned Judicial Magistrate without considering
the same has returned the copy applications mechanically and
hence, he requests to direct the learned Judicial Magistrate, Alandur
to entertain the copy application of the petitioner and issue copy of
the documents which are mentioned in the said copy application.
The learned counsel for the petitioner, in support of his aforesaid
contentions, relied upon the decision of this Court, in K.Ramaiah
Vs. R.Sudhakara Naidu in Crl.OP.No.16006 of 2006 dated
04.07.2006.