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TMI Blog2022 (3) TMI 1537X X X X Extracts X X X X X X X X Extracts X X X X ..... bid. Under Rule 238, ibid., they can take extracts which means, they can take notes of the contents of the documents which they require. The expression take only written extracts used in Rule 238, ibid., means the Enforcement Officer cannot capture those records in his mobile phone camera or any other electronic gadget, but is only entitled to take written notes for his use and thereafter, may make a third party copy application specifying the document which he needs and the purpose for which the same is required, as laid down in Rule 210, ibid. Those portions of the impugned orders which state certified copies of unmarked documents cannot be granted and the said prayer is accordingly negatived are set aside. It is open to the Enforcement D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of Corruption Act 84 298/2017 19 of 2020 406, 420 & 506(II) IPC 21 344/2018 25 of 2021 406, 420 & 506 (I) IPC 44 3 Since the charge sheets disclosed the commission of a scheduled offence under the Prevention of Money-Laundering Act, viz. Section 420 IPC, the Enforcement Directorate registered a case in ECIR No.21 of 2022 against Senthil Balaji and others on 29.07.2021 and took up the investigation of the case. 4 The Deputy Director, Enforcement Directorate filed individual third party copy applications in C.C. Nos.24 of 2021, 19 of 2020 and 25 of 2021 before the Special Court, seeking certified copies of certain documents. 5 The Special Court, by three separate orders dated 09.11.2021, passed almost on similar lines, directe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Practice, 2019, (for brevity "the CRP 2019") would also have no application to the present case, because, those Rules also deal with the grant of certified copies of documents to the accused before the filing of the final report (charge sheet). However, Rule 231(3), ibid., reads as under: "231. Grant of certified copies of other documents.-- (3) Certified copies of photocopies of unmarked documents shall not be given." Be it noted, Rule 231(3), ibid., extracted above is a stand-alone rule and is not controlled by Rule 231(1) and (2). In some cases, it may happen that the police / parties may file photocopies of some documents. This Rule simply bars the issuance of the certified copies of photocopies of unmarked documents, which, on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... subsequent requirement, viz., obtained on a petition supported by an affidavit setting for the purpose for which the copy is required. A fortiori, if a person makes a third party copy application, he is required to file an affidavit setting forth the purpose for which the copy is required. On that affidavit and petition, the judicial officer is required to pass a judicial order whether to grant or refuse to grant the certified copy. In a given case, the judicial officer can refuse to grant the certified copy, bearing in mind, the privacy rights of the victim and the accused and other factors. Sometimes, the bona fides of the third party may also be in a cloud. Therefore, the judicial officer is not required to mechanically grant certified ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ip;….. (d) ……… (f) officers of police;" 12 He also brought to the notice of this Court that the prosecution in C.C. No.25 of 2021 in CCB Cr. No.344 of 2018 has been quashed by the High Court in O.P. No.13374 of 2021 on 30.07.2021 on the ground that an amicable settlement has been reached between the de facto complainant and the accused. Once the prosecution of the scheduled offence is quashed, the documents that have been filed by the police in that case would not get marked, obviously because, there would be no trial. Mr.Sankaranarayanan's poser is, if that portion of the Special Court's order negativing the prayer for furnishing certified copies of unmarked documents is upheld, then, the Enforcement Direct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion under Rule 237 of the CRP 2019 for inspection of the records in the Special Court and since they are officers of the Enforcement, they are entitled to inspect the records under Rule 237(1), ibid. Under Rule 238, ibid., they can take extracts which means, they can take notes of the contents of the documents which they require. The expression "take only written extracts" used in Rule 238, ibid., means the Enforcement Officer cannot capture those records in his mobile phone camera or any other electronic gadget, but is only entitled to take written notes for his use and thereafter, may make a third party copy application specifying the document which he needs and the purpose for which the same is required, as laid down in Rule 210, ibid. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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