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Judgment
This Petition has been filed challenging the order dated 7. 11.2022 passed by the learned Special Judge (Prevention of Corruption) Act, 1st Additional Sessions Judge whereby, the application filed by the Petitioner for obtaining the certified copy of the charge sheet was disallowed.
Shri Singh, learned Counsel for the Petitioner submits that the concerned Court has held that a copy of the charge sheet has already been supplied to the Petitioner, therefore, only the certified copy of the order sheet be given to him though the Petitioner has specifically assigned the reasons for obtaining the certified copy for producing the same before the High Court for incidental proceedings. He further submits that as a common practice, only photocopy of the charge sheet has been supplied to him at the time of filing of the charge sheet in compliance of Section 207 Cr.P.C and prays to set aside the order impugned.
On the other hand, Shri Mishra opposed the prayer. He however submits that he does not dispute the contention of Shri Singh that only photocopy has been supplied.
Rule 644 of the Chhattisgarh Rules and Orders (Criminal) is relevant, which reads thus:-
“Rule 644. Applications for copies of pending records or parts thereof shall, on being received and registered, be sent by the the head copyist to the presiding officer of the court concerned. In case of refusal by the presiding officer to grant a copy the head copyist shall inform the applicant accordingly and refund the advance. In the case of applications received by post, the information shall be sent by post and the advance refunded by money order after deducting therefrom the necessary money order commission.”
It is pertinent to mention here that under sub-Rule (5) of Rule 131 of the High Court of Chhattisgarh Rules, 2007, there is a mandatory requirement to furnish the certified copy of the order under challenge. If the parties to the litigation apply for the certified copy and the reasons assigned by the Presiding Judge for rejecting the same are not found proper then accordingly, the said order may be set aside.
Having considered the submissions put forth by learned Counsel for the parties, particularly considering the High Court of Chhattisgarh Rules, 2007, I am of the opinion that the order impugned is not sustainable, which is accordingly set aside and the concerned Court is directed to supply the certified copy of the charge sheet to the Petitioner as per rules.
With the aforesaid observation, the instant Writ Petition stands disposed of.