The prayer sought for in the present petition is to direct the Fast Track Court (Magistrate Level), Thiruvallur to issue the certificate copy of the Judgment passed in S.T.C.No.84 of 2016 dated 13.11.2017 by accepting the copy application, filed by the petitioner's counsel.
2. Heard both sides.
3. I do not find any justification in the remarks made by the Trial Court, refusing to entertain the petitioner's application seeking for certified copy of the Judgment in S.T.C.No.84 of 2016. Under
Section 363 Cr.P.C., the petitioner/accused is entitled for copy of the Judgment. Likewise, under
Section 353 (7) Cr.P.C., just because the petitioner/accused was absent at the time of pronouncing Judgment, the Judgment cannot be rendered as invalid. The petitioner has also a right of appeal against the Judgment. As such, the endorsement made by the Trial court while returning the copy application is improper.
4. Hence, the Fast Track (Magistrate Level), Thiruvallur is directed to issue a certified copy of the Judgment in S.T.C.No.84 of 2016 dated 13.11.2017 to the petitioner's counsel by entertaining his copy application dated 13.11.2017. Such an exercise shall be done within the period of two days from the date of receipt of a copy of this order.
5.I am consciously refraining from ordering issuance of notice in the criminal case between the Trial Court and the petitioner herein.
With the above observation, the Criminal Original Petition is allowed.
27.11.2017 Index:Yes/No Internet: Yes/No nmm/nl NOTE: Issue order copy on 29.11.2017 To
1.The learned Fast Track (Magistrate Level) Thiruvallur.
2.The Public Prosecutor, High Court, Madras.
M.S.RAMESH.J, nmm/nl Crl.O.P.No.25660 of 2017 27.11.2017