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2009 DIGILAW 1274 (MAD)

Sanjeev Asokan v. The State, Rep. by the Inspector of Police, Ariyalur District

2009-04-20

R.REGUPATHI

body2009
Judgment 1. This Petition is filed seeking for a direction to call for the records and set aside the order passed by the Judicial Magistrate, Jayankondam made in the Memo on 4. 2009 in Crime No.133 of 2008 on the file of the Respondent and issue direction, directing the Judicial Magistrate, Jayankondam to permit the Counsel for the Petitioner to peruse the original records in Cr.No.133 of 2008. 2. The Prayer of the Petitioner to peruse the original records in Cr.No.133/2008 was dismissed by the order impugned and aggrieved against the said order, the present Petition has been filed before this Court. 3. On perusal of the order passed, it is stated that the Petitioner can apply and get the copies of the documents filed before the Court and under such circumstances, such permission to peruse the original records need not be given. An accused is entitled to peruse the original records. Therefore, the order passed by the learned magistrate in the memo dated 4. 2009 is set aside. However, perusal of records must be done only in the presence of a court officer. Therefore, by setting aside the order passed by the learned Judicial Magistrate, Jayankondam in Memo dated 4. 2009, the petitioner is at liberty to peruse the original records. 4. The Petition is ordered accordingly.