Research › Browse › Judgment

Karnataka High Court · body

1971 DIGILAW 115 (KAR)

POMPANNA GOWDA v. STATE OF MYSORE

1971-03-26

NESARGI

body1971
( 1 ) IN this petition, the legality of the order passed by the Second Additional munsiff-Magistrate, Bellary, in CC. No. 935 of 1969 refusing to give a tree copy of the judgment of acquittal of the petitioner is challenged. ( 2 ) THIS petitioner, who was an accused in CC. No. 935 of 1969 was acquitted in the said case by the Second Additional Munsiff-Magistrate Bellary. On 9-7-1970, the petitioner filed application under S. 371 (1), Cr. P. C. praying for grant of free copy of the judgment of acquittal on the ground that it was required by him for some other purpose On 10-9-1970, the learned Magistrate rejected the application on the ground that the petitioner had mentioned that the copy was required in order to file a suit for malicious prosecution. ( 3 ) SHRI D. Puttaswamy, learned Advocate appearing on behalf of the petitioner, pointed out that S. 371 (1) Cr. P. C. lays down mandatorily that a trial Court should grant a copy of the judgment in criminal case to the concerned accused, free of cost, on an application being made by such accused provided such a case is not a summons case. S. 371 (1), cr. P. C. reads as follows:"on the application of the accused a copy of the judgment, or when he so desires, a translation in his own language, if practicable or in the language of the Court, shall be given to him without delay. Such copy shall, in any case other than a summons case, be given free of cost. "the case on hand is not a summons case. That goes to show that the accused-petitioner was, as of right, entitled to a free copy of the judgment. S. 371 Cr. P. C. does not at all lay down that if a copy is required for any particular purpose, it need not be granted. Therefore, the order passed by the learned Magistrate is not sustainable in law. The same view is expressed in Anil Kumar Biswas v. The State, AIR 1954 Cal. 29 . ( 4 ) IN view of the foregoing reasons, the order of refusal in question is to be set aside and, hence this petition is allowed. The order passed passed by the II Additional Munsiff-Magistrate, Bellary, on 10-9-1970, is set aside. The Magistrate is directed to supply a free copy of the judgment to the petitioner. 29 . ( 4 ) IN view of the foregoing reasons, the order of refusal in question is to be set aside and, hence this petition is allowed. The order passed passed by the II Additional Munsiff-Magistrate, Bellary, on 10-9-1970, is set aside. The Magistrate is directed to supply a free copy of the judgment to the petitioner. --- *** --- .