N. Y. HANUMANTHAPPA, J. ( 1 ) H. C. G. P. to take notice. At the admission stage itself as desired by learned government Pleader and Sri C. H, Hanumantharaya case heard on merits. Notice to respondents dispensed with. ( 2 ) ORDER under challenge relates to refusal to issue copy of the document produced, which reads as follows:"heard regarding the application filed for order of certified copy of documents. Since the documents are not marked, certified copies cannot be granted. Hence application rejected". ( 3 ) APPROACH of the learned Magistrate in not considering the request of the petitioners runs contrary to Rule 2, Chapter 14 of Criminal Rules of Practice of 1968. ( 4 ) CHAPTER XIV, Rule 2 reads as follows;"parties to a case are entitled at any stage of the proceeding to obtain copies of the record of a case, including exhibits which have been admitted in evidence". Further Sections 74 and 76 of Indian Evidence Act enable anyone to seek and obtain certified copy from a Court or an authority who in charge of such documents if the same are in the nature of public documents, irrespective of the fact the same are marked or otherwise. Section 74 of Evidence Act, 1872 reads as under:"the following documents are public documents: (1) Documents forming the Acts, or records of the Acts (i) of the sovereign authority, (ii) of official bodies and Tribunals, and (iii) of public officers, legislative, judicial and executive, (of any part of india or of the Commonwealth), or of a foreign country. (2) Public records kept (in any State) of private documents". Likewise Section 75 says which are the private documents. ( 5 ) REGARDING issuance of certified copy of public documents, Section 76 reads asfollows:"every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefor, together with a certificate written at the foot of such copy that it is a true copy of such documents or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and bis official title, and shall be sealed, whenever such officer is authorised by law to make use of a seal; and such copies so certified shall be called certified copies". ( 6 ) WHEN Section 74 and Section 76 of Evidence Act read with Rule 2 of Criminal Rules of Practice clearly say such documents which are public in nature, when asked for, their true copies or certified copies be given, then it has to be said that approach of the learned Magistrate in refusing to issue required copies of the documents as not marked is incorrect. Hence, that portion of the order of the learned Magistrate relating to refusal to issue copies of the documents requested is quashed. --- *** ---