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2008 DIGILAW 628 (KER)

M. v. Kuriachan VS Shyam Prasad

2008-10-14

R.BASANT

body2008
Judgment : Is a person entitled for issue of a certified copy of the proceedings paper/order sheet maintained by a court which reveals the transactions in court on a given date of posting? Does Rule 225 of the Kerala Criminal Rules of Practice justify the refusal to issue a certified copy of such proceedings paper/order sheet? These questions are thrown up for consideration now. 2. This application is for grant of leave under Section 378(4) Cr.P.C. to prefer an appeal against a judgment of acquittal in a prosecution under Section 138 of the N.I. Act. The acquittal is recorded under Section 256 Cr.P.C. To consider the question of grant of leave, the learned counsel for the petitioner was directed to produce copy of the order sheet/proceedings paper maintained by the learned Magistrate from the date of the complaint to the date of the impugned order. The learned counsel for the petitioner now laments that though an application was filed by the petitioner seeking copy of the order sheet, the same has been dismissed by the learned Magistrate by order dt.27.2008. In that the rejection is sought to be justified by the stipulations of Rule 225 of the Kerala Criminal Rules of Practice. 3. Rule 225 of the Criminal Rules of Practice in Kerala reads as follows: R.225: “Copies of non-judicial and confidential papers:– Copies of correspondence or of proceedings which are confidential or are not strictly judicial shall not be granted, except under the orders of the court.” 4. The learned counsel for the petitioner submits that rejection of the prayer for issue of a copy under Rule 225 is not justified at all as the order sheet maintained by the learned Magistrate, in which the events that take place before court on a given date of posting are truly recorded, cannot be said to be “copies of correspondence or of the proceedings which are confidential and are not strictly judicial.” Prima facie I am in agreement with the learned counsel for the petitioner. 5. The Registrar (Subordinate Judiciary) was directed to point out to the court whether there are any circulars/orders of the High Court governing the subject matter. It is reported by the Registrar (Subordinate Judiciary) that no such circulars/orders are issued which prohibit issue of certified copies of the records maintained by subordinate courts. 5. The Registrar (Subordinate Judiciary) was directed to point out to the court whether there are any circulars/orders of the High Court governing the subject matter. It is reported by the Registrar (Subordinate Judiciary) that no such circulars/orders are issued which prohibit issue of certified copies of the records maintained by subordinate courts. The Registrar reports that orders passed by the subordinate courts during the calling work are judicial orders and practice of issuing certified copy of order sheet is followed by subordinate courts in the State at present. 6. What transpires in a Court on a given date are recorded by the Presiding Officer in the order sheet in his own hand and that is the document which will normally be available to authentically reveal what transpired in court on a given date. The entries in the order sheet are extracted in the B diary maintained by the court. Same is also entered in the A diary for litigants, their counsel and clerks to peruse. By no stretch of imagination can it be held that the record of judicial proceedings on a given day before the court recorded by the Presiding Officer of the court himself in the order sheet/proceedings paper and noted in the B diary and A diary maintained by the court are “copies of correspondence” or of proceedings, “which are confidential and not strictly judicial”. The order passed by the learned Magistrate refusing to grant copy is obviously unjustified. The Magistrate deserves to be directed to furnish a copy to the petitioner forthwith. The petitioner shall produce such copy on the next date of posting. Communicate the order to the learned Magistrate. 7. Call on 10.11.2008. Hand over the order.