9911796707
TMI Blog2008 (2) TMI 854X X X X Extracts X X X X X X X X Extracts X X X X ..... s Court. The Right to Information Act, 2005 created a dent in the so called “privacy” being so far maintained by the authorities concerned. The Courts also will have to be alive to the intendment of the Right to Information Act, 2005 to share vital information to the parties concerned. Any narrower interpretation of the law and imposition of any restriction on the right of the third party to know what is actually going on at the portals of the criminal justice system will not advance the interest of justice. For all these reasons, the Court finds that the documents sought for by the petitioners in C.C. No. 14 of 2004 will have to be granted to him. X X X X Extracts X X X X X X X X Extracts X X X X ..... p;The learned Chief Judicial Magistrate, Salem, having observed that no substantive reason was assigned for seeking certified copies of these documents, that the petitioner was not an affected person as contemplated under Section 363(5) of the Code of Criminal Procedure, that Section 363(6) of the Code of Criminal Procedure can be invoked only before the High Court and that Rule 339 of the Code of Criminal Procedure contemplates furnishing of the records of the Criminal Case only to the parties concerned and not to third parties, chose to dismiss the petition seeking copies of the aforesaid documents. 5. The petitioner assails the aforesaid order rejecting his plea seeking certified copy of those documents for the purpose of preferrin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of any judgment or order of a Criminal Court. Even assuming for the sake of argument that de hors any rule framed by the High Court, the petitioner can invoke Section 363(6) of the Code of Criminal Procedure, he can obtain only a certified copy of judgment or order passed by the Criminal Court and not other records not contemplated therein. He would further contend that Order XII Rule 3 of the Rules of High Court Madras Appellate Side, 1965 does not apply to the records still lying with the Trial Court and not reached the portals of the High Court. Further, the Rules of High Court Madras Appellate Side, 1965 was not enacted drawing powers under Section 363(6) of the Code of Criminal Procedure. Therefore, Order XII Rule 3 of the Rules of Hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... scharge passed by the Chief Judicial Magistrate in a sensational case under the Prevention of Corruption Act can seek for certified copies of the material records therein. Section 363(6) of the Code of Criminal Procedure reads as follows :- "The High Court may, by rules, provide for the grant of copies of any judgment or order of a Criminal Court to any person who is not affected by a judgment or order, on payment, by such person, of such fees, and subject to such conditions, as the High Court may, by such rules, provide." The Parliament, in its wisdom, has thought it fit to grant copies of any judgment or order of a Criminal Court even to a third party as per the terms and conditions of the rules framed by the respective High Court. Unfo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fter all the petitioner wants to challenge the order of discharge passed by the learned Chief Judicial Magistrate as a citizen concerned with the criminal administration in the country. Further, the Right to Information Act, 2005 prohibits divulging of information which would impede the process of investigation or apprehension or prosecution of offenders. In other respects, furnishing of information from the Court records are not prohibited under the Right to Information Act, 2005. 12. It is true that Section 363(6) of the Code of Criminal Procedure contemplates only copies of judgment or order of a Criminal Court to any third party. When a party concerned can invoke Rule 339 of the Criminal Rules of Practice to obtain any portion of ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
