Rajasthan High Court Seeks Explanation From Judicial Magistrate For Refusing To Issue Certified Copy Of Order Taking Cognizance To Accused

The Rajasthan High Court has sought an explanation from a Judicial Magistrate for denying to an accused the certified copy of an order, by which it had taken cognizance for offences under Sections 467, 409 in the alternative Sections 420 and 120B of IPC against him and also issued an arrest warrant against him. The Magistrate had put a condition that the accused may inspect and apply for certified copies only after he comes in the custody.

Justice Manoj Kumar Garg said the condition imposed by the Magistrate is wholly absurd, illegal and in utter violation of principles of natural justice. The accused had applied for certified copy of the order dated 04.05.2023 along with statement of witnesses, copy of protest petition, statement under Section 161 Cr.P.C

"Admittedly, the police has filed FR in this case and a failure to supply copies of relevant documents in this case would mean a virtual denial of prior knowledge of the evidence that is used against the accused. The prosecution cannot be permitted to take advantage of the investigation, statements etc and at the same time deny it to the accused," said the bench.

Challenging the order of the Magistrate, the counsel appearing for the petitioner submitted that the police after thorough investigation had filed a negative Final Report that no case is made out against the petitioner. However, upon filing protest petition by the complainant, the Magistrate took cognizance of the offence and issued warrant of arrest vide order dated May 04, 2023, the court was told. It was argued that there was no reason to discard or disbelieve the finding reached by the police.

The counsel further submitted that when the petitioner applied for certified copy of the order alongwith statement of witensses, copy of protest petition, statement under Section 161 of CrPC, the same was refused by the court below and a condition was put that the accused may inspect and apply for certified copies only after he comes in the custody.

Quashing the magistrate's order in respect of the supply of documents, the court directed the Judicial Magistrate, Nohar to immediately issue the copy of documents as applied by the petitioner including the certified copy of the order dated 04.05.2023. It further ordered that "an explanation be furnished to this Court within a period of three weeks, as to why and under what legal provision, he denied issuance of certified copy of order dated 04.05.2023 and the copies of documents applied for by the accused petitioner”.

Though it refused to interfere with the order taking cognizance, the court said the warrant of arrest against the petitioner is converted into bailable warrant of Rs. 30,000, since the police had earlier filed negative final report and thereafter the court below took cognizance against him and straightaway issued warrant of arrest.

"The petitioner is directed to appear before the court below within a period of 15 days and submit the bail bonds. Upon furnishing bail bonds, the trial court is directed to release the petitioner on bail. However, if the petitioner fails to appear before the court below within the stipulated period, then arrest warrant may be issued against the petitioner," said the court

The matter is listed again on August 22.

Case Title: Banwari Lal v. State of Rajasthan

Coram: Justice Manoj Kumar Garg

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