AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
535 paragraphs · 8,045 wordsN. Ananda
The petitioner/accused No. 2 in Special C.C. No. 203/2004, pending trial for offences punishable under sections 120B & 109 IPC and also for offences punishable under sections 13(1) (e) r/w 13(2) of the Prevention of Corruption Act, 1988 (for short, ''the Act'') had made an application before the trial court under sections 207 & 243(2) Cr.P.C., r/w rule 2, Chapter XIV of the Karnataka Criminal Rules of Practice, 1968. The trial court rejected the application in terms of the impugned order. Therefore, the petitioner/accused no. 2 is before this court. I have heard Sri S.K. Venkata Reddy, learned counsel for petitioner and Sri Sandesh J. Chouta, learned counsel for respondent.
In the application filed before the trial court, petitioner had sought for certified copies of all the documents mentioned in Annexures I to XIV, reading as hereunder:-
ANNEXURE -I
I SEARCH LIST No. 129126
SL. NO
DESCRIPTION
1
Namathu M.G.R - Day Book-April 1989 (pages 1 to 364)-one
2
Namathu M.G.R. -1996 pay bill for the month of June 1 �One
3
Namathu M.G.R-Attendance Register from 1.9 96 (pages 1 to 362) -one
4
Namathu M.G.R - Journal Register from 11.7.88 (Pages 1 to 176)- one
5
Namathu M.G.R - Daily collections details Register (Pages 1 to 176)- one
6
Namathu M.G.R-Advertisement Register -(pages 1 to 92) -One
7
Namathu M.G.R -In and Out Register (Pages 1 to 178) �one
8
Namathu M.G.R - Advertisement department receipt boom Nos. 4201 to 4249 counter foils only. From 4250 to 4300 empty receipts �One
9
Jaya Publications -Day Book 01.4.91 to 31.8.91 (Pages 1 to 176)- One
10
Namathu M.G.R - Postal Pre-payment file -One
11
Namathu M.G.R - Statement of Accounts file -One
12
Namathu M.G.R - File relating to accounts -One
ANNEXURE-II
SEARCH LIST No. 425868
Sl. No
DESCRIPTION
1
City Bank Card renewal intimation dated 29.6.96 for card No. 5425, 5692, 4391. 1005 in the name of T.V. Sundaravadanam
2
Canara Bank Challan Book from 9.4.96 to 29.8.96 in respect of Anjaneya Printers Private Limited, Chennai -97.
3
Canara Bank Challan Book from 6.4.93 to 22.3.95 in respect of Jaya Publications, Madras-32
4
Canara Bank Challan Book from 13.11.95 to 19.4.96 in respect of Namathu M.G.R., Madras -32.
5
Canara Bank A/c 2489 Challan Book from 5.1.89 to the one with an amount of Rs. 1,435/-
6
Cheque No. 606345 of Canara Bank. Mylapore dated 24.9.96 for Rs. 1,11,094/ -signed by J. Jyalalitha for Namathu M.G.R. as a partner with the bank advise.
7
A xerox copy of the oath administrated question and answers of Thiru S.Balaji Accountant, Anjaneya Printers Private Limited. Chennai -97 dated 24.9.96 - containing pages 1 to 6
8
A ledger maintained for recording the salary to the employees of Anjaneya Printers Private Limited for the month of April 1995 to September 1996 written from page 2 to 157.
ANNEXURE -III
SEARCH LIST No. 17409
Sl. No
DESCRIPTION
1
R.C. Book for the vehicles -Registration Nos. TN 37 F 0360, TVS Champ. TN 49 9366, Ambassador Car FYZ 736, Scooter Lamby TN 09 D 0252, Tempo Trax LMV, TCD 9851. TVS Suzuki Motor Cycle TDY 2259, Contessa, TN 37 4261 -TVS Suzuki Motor Cycle.
ANNEXURE-IV
SEARCH LIST No. 15846
Sl. No
DESCRIPTION
1
Letter of Vesta Crystals dated 20.05.94 addressed to the Special Officer & Collector, Thanjavur Chatram, Administration, Thanjavur
2
Richie Aqua Agencies, Pattukottai receipt No.290 dated 10.12.95 and No.523 dated 19.06.96
3
Mahavir Electrical Bill No. 2163 dated 11.12.95
4
Mahavir Cement Works receipt dated 23.7.95
5
Ashokan Thanga Maaligai Bill dated 13.4.96 - (2 Sheets)
ANNEXURE -V
SEARCH LIST No. 970478
Sl. No
DESCRIFHON
1
One Counter foil book for the amount paid into the Account No. 11-1930, Canara Bank for the petiod from 10.9.94 to 27.6.96
2
5 Bills Nos. 0016, 0017 dated 31.12.92 and Nos. 2280, 2281, 2282 date 1.12.92 of Devar Automobiles, 38, T.T.K. Road, Chennai - 18 sent to Sasi Enterprises.
3
One yellow colour file printed in the cover as thickest with relating to Fax Universal, Telephone Bills, Demand Note dated 30.01.95 and bills from Chennai Metropolitan Telecom Board.
4
One Cash book for the year 1993-94 of FaxUniversal shop No. 14, Ground Floor, parson Manere, 602 Anna Salai, Chennai -6 pages from 1 to 176
5
One Daily transaction day Book for the year 1993-94 pages from 1 to 130
ANNEXURE -VI
SEARCH LIST No. 70986
Sl.No
DESCRIPTION
1
Original Plans for the proposed Farm House, at. Hyderabad bearing pages 1 to 22 of Tr. A.K. ijayasankar, B. Arch., No. 44. Santhome High Road, Mylapore, Madras-4 (Draughts Man)
2
Original Plans for the OFFICE BUILDING at PLOT No. NIL, THIRUVI-KA INDUSTRIAL ESTATE, GUINDY of Tr. A.K. Vijay Sankar, B.Arch., No. 44. Santhome High Road, Mylapore, Madras-4 (Draughts Men) Pages 1 to 3
3
Plan showing the Kalyanamandapam at T.T.K. Road, Madras-18-Architech by A.K. Vijayasankar, No. 75, Greenways Road, R.A.Puram, Madras-28 it is situated at Door No.149 and 150. T.T.K.Road, Pages containing 1 to 6
4
Plan showing the Factory Building at Plot No.3 T.V.K. Industrial Estate, Guindv, madras-Architech by A.K.Vijayashankar containing pages 1 and 2.
5
Plan showing the drawing for the 3 STAR HOTEL for BHARANI BEACH RESORT AT LUZ MYLAPORE, MADRAS-Architech by A.Mohamed Murzook, Madras-2 containing pages 1 to 7
6
Plan showing the drawing for the building at No. 5. Murugesan Street, T. Nagar, Madras-17 in T.S.No.5202-Architect by A.K.Viajay Sankar, Madras- containing pages 1 to 10.
7
Plan showing the drawings for the OFFICE COMPLEX at Murugesan Street, T.Nagar, Madras- BASEMENT FLOOR -Architect by A.K. Vijaya Sankar, Madras-containing pages 1 to 4
8
Plan (Xerox copy) showing the drawing for the GUINDY INDUSTRIAL AREA (Site adjoining Mount Road)-Architect by Tr. Vijaya Sankar, Madras - containing pages 1 to 2
ANNEXURE-VII
SEARCH LIST No.970425
Sl. No
DESCRIPTION
1
File of Vinod Video Vision, Madras-5 for the assessment year 1993-94 pages 1-142
2
Cheque counter foils of Canara Bank
0513701 to 750
109401 to109500
663301 to 400
590601 to 700
Unnumbered
2601 to 2700
10601 to 10700
3
Xerox Copy of three separate payments made to Tr.R.
Ramachandran through Canara Bank cheques dated
25.9.92
Cheque no. s949968 Rs. 9,00,000/
Cheque no. 949969 Rs. 5,00,000/-
Cheque no. 949967 Rs. 9,00,000/-
4
Details of payments of rents -Gems court shops No. 8
& 9-Xerox copy- pages 1 to 6
5
File of Mrs. N. Sashikala containing copies of Sale Deeds No. 575/89 dt. 17.4.89, No. 2256/90 Total pages 1 to 80
6
File of Mrs. N. Sashikala I.T. appeal for 1992-93 before CW-1(A) -IV-Madras Pages 1 to 64
7
File of Mrs.N.Sasikala -Bank statements pages I to 134
8
Copy of the statement of NatyakalaNiketan, Hyderabad and connected pages 1 to 78
9
Income Tax Correspondences relating to M/s. Sasi Enterprises Person Manere 602, Anna Salai
10
File of SelviJ.Jayalalitha -IT appeal for 1939-90 before CIT (A) IV Madras pages 1 to 106
11
File of Selvi J. Jayalalitha -IT appeal for 1992-92 pages 1 to 208
12
File of Selvi J. Jayalalitha -IT appeal for 1990-91 pages 1 to 170
13
File of Selvi ,J. Jayalalitha -IT appeal for 1992-93 pages 1 to 108
14
File of Selvi J. Jayalalitha -containing papers relating to Sriram investments Pages 1 to 440
15
Lease Deed dated 25.1.92 executed between Sasi Enterprises and Ruby ulders and connected papers - pages 1 to 10
16
File of Sasi Enterprises containing bills, page 1 to 218
17
Item No. 17 marked as Ex. P 2219
18
File of Mrs.N.Sasikala -IT appeal CITA-IV for 1993-94 pages 1 to 98
19
File of Mrs..Sasikala - IT appeal CITA- for the 1991-92 pages 1 to 178
20
File of Mrs. Sasikala - IT appeal CITA- for the 1992-93 pages 1 to 140
21
File of Mrs..Sasikala - IT appeal CITA- for the 1993-94 pages 1 to 118
22
File of Mrs. Sasikala -Containing worksheets pages 1 to 89 (Years 1993-94) -94-95
23
File of Mrs. N. Sasikala from 1.1.95 to 17.5.96 pages 1 to 24
24
File of Mrs. N. Sasikala containing Bank Statements pages 1 to 186
25
File of Fax Universal -Canara Bank Statements and connected statements -pages 1 to 48
26
File of SelviJ.Jayalalitha from 1.4.93 to 31.3.94 containing Canara Bank Account and donations.
Pages 1 to 170
27
File of SelviJ.Jayalalitha containing Tax Particulars for the properties. Pages 1 to 46
28
File containing appeal papers of IT of M/s, Sasi Enterprises for 1991-92 pages 1 to 54
29
File containing appeal papers of IT of M/s. Sasi Enterprises for 1993-94 pages 1 to 52
30
File-containing appeal papers of IT of M/s. Sasi Enterprises for 1992-93 pages 1 to 48
31
File of M/s. Sasi Enterprises with copies of Sale Deed executed by Tvl. Muthulakshmi, Loganathan, Somasundaram, RamachandranTajudeen, M.K. Mohamed, Sundan Shankar and TANSI. Pages 1 to 312
32
IT/WT return (8 numbers) with blank signatures of Mrs.Sasikala
33
File containing copy of sale deed relating to the purchase Plot No. 16, Radhika Colony. Anjaneya Garden Secunderabad and connected records pages 1 to 34.
34
File of Mrs.Sasikala containing hand written abstract of properties deed -Xerox copies of Bills for the purchase of Armada Jeep with connected papers. Pages 1 to 52.
35
Folder containing copies of lese deeds executed by Mrs.N.Sasikala with various parties, pages 1 to 144
36
File relating to purchase of vehicles. Pages 1 to 30
37
Letter dated 18.09.96 addressed by AC/IT to Mrs.N.Sasikala in respect of inspection of property purchased at No. 1/1 Luz Avenue, Madras -4 Pages 1 to 4
38
File containing copies of sale deed pages 1 to 246
39
File of Mrs. Elavarasi -proceedings u/s 131 before DD 1 pages 1 to 128
40
File of Mrs.N.Sasikala -proceedings u/s 131 pages 1 to106
41
File of Mr. N. Sudhakaran -proceedings u/s 131 pages 1-88
42
File of Anjaneya Printers, pages 1 to 62
43
File of M/s.Jaya Contractors and Builders. Pages 1 to 122
44
File of J.S. Housing Developments. Pages 1 to 128
ANNEXURE -VIII
SEARCH LIST No. 1219139
Sl No
DESCRIPTION
1
Sastry Nuts Plates Manufacturers Pvt. Ltd., File (12pages)
2
Ramraj Agro Mills Correspondence file (Pages 1 to 660)
3
Ramraj Agro Mills Correspondence file Vol. 11 (Pages 661 to 1066)
4
Register of Members and share ledger Look No. 1 to 230
5
Register of Members and share ledger book No.1 (pages 1 to 234)
6
Statutory combined Register - (260 pages)
7
Ramraj Agro Mills Ltd., Equity shares counter foils from pages 1 to 144 and share certificates from pages- 145 to 200
8
Ramraj Agro Mills Ltd. Meeting of Shareholders attendance register (92 pages)
9
Records relating to Super Duper TV Pvt. Ltd. and Jay TV
Indian Bank Chailan counterfoils (total 112 pages)
Indian Bank Chailan Counterfoil (total pages 60)
File No. 1 (pages 1 to 144)
File No. 2 (pages 145 to 228)
File No. 3 (pages 229 to 298)
File No. 4 (pages 299 to 502)
File No. 5 (TMSAT LTD., Agreement) (pages 503 to 574)
File No. 6 (pages 575 to 1132)
File No. 7 (pages 1132A to 1185)
File No. 8 (pages 1 to 232)
File No. 9 (pages 1 to 196)
File No. 10 (pages 1 to 922)
File No. 11 (pages 1 to 214)
File No. 12 (pages 1 to 208)
File No. 13 [pages 1 to 663)
Invoices 1 to 100
File no. 14 (Pages 1 to 84)
Invoices 1 to 100
Cash Book No. 1994-95 (3) to 172 pages) 20. Petty Cash Book (pages 4 to 46)
Invoice Register (172 pages)
Salary Register (32 pages)
10
Miscellaneous file (74 pages)
11
Record slips of Canara Bank Cheques from 069501 to 069525 V.N.Sudhagaran (8 pages)
12
Record'' slips of Canara Bank Cheques from 078476 to 078,500 V.N.Sudhagaran (8 pages)
13
Record Slips of Indian Bank Coheques from 076976 to 077000 of super-duper TV Pvt. Ltd.,(14 pages)
14
Record slips of Indian Bank cheques from 407976 to 408000 of super-duper TV Pvt. Ltd.,(14pages)
15
Cheque Book of Account No. 1104 of Indian Bank, Abiramapuram from 716101 to 716200 without leaves from 716101 to 716121
16
Current Account pass book of M/s. Jay Real Estate in Indian Bank Abiramapuram Account No. CA 1050.
17
Current Account Pass Book of M/s.J Farm House in Indian Bank Abiramapuram Account No. CA 1054
18
Current. Account pass book of M/s. Green Farm Houses in Indian Bank Abiramapuram Account No.CA 1058
19
Current Account pass book of V.N.Sudhagaran in Indian Bank Abiramapuram Account No. A 1058
20
Current Account pass book of Super Duper TV in Indian Bank Abiramapuram Account No. CA 1104
21
Photostat copies of pass Book of Current Account No. 1152 of Indian Bank, Abiramapuram (pages 1 to 62)
22
Photostat copy of CA 1122 of Mahalakshmi Kalyana Mandapam in Indian Bank (2 pages)
23
Indian Bank, Abiramapuram Debit Advice dated 28.3.95 pay-in-slip dated 28.3.95 and BPO Application counter foil dated 28.3.95 relating to Account No. CA 1107 (6 pages)
ANNEXURE -IX
SEARCH LIST No.970424
Sl No
DESCRIPTION
1
Form No. IA application for availability of names to the Registrar of Companies, Tamil Nadu by J. Jayalalitya, 36 Veda Nilayam. Poes Garden. Chennai -86 for J.S. Estate Private Limited, (pages 1 to 56)
2
File relating to Jaya Publications (page 1 to 36)
3
Unsigned carbon copy of Sale Deed dated 14.8.91 executed by Gopalan and Srinivasan, Mannargudi in favour of Smt. Sasikala, 36, Poes Garden, Chennai regarding the land in Survey No. 93, 94 and 95. (pages 1 to 30)
4
Xerox copy of valuation report of iewels of Tr. K.R.S. Mani and others to SelviJ.Jayalalithaa (pages 1 to 18)
ANNEXURE-X
SEARCH LIST No. 15850
Sl. No
DESCRIPTION
1
Copy of letter dated 09.11.92 from Tr. J. Sakthivel, Director. Ramraj Agro Mills Limited, Vandapalai, kangalancherry Post, NannilamTaluk to the Senior Regional Manager, Tamil Nadu State Commercial Corporation regarding the above mentioned mill premises let out for lease to commercial Corporation (2 papers)
2
11 Nos. of Approved Plans issued by Deputy Chief Officer, Trichirapalli Industries to M/s.Ramraj Agro Mills Limited under Industries Act for the Mill buildings at Vandampalayam dated 30.4.91
3
Ramraj Agro Mills Salary Register from 1990 to March 1995
4
Receipt No. 324 dated 15.10.96 for Rs. 33,417.61 issued by Sri Krishna Agencies, Industrial Petrolium Products Dealer, 25A, Nethaji Road, Thiruvarur to M/s.Ramraj Agro Mills, Vandampalayam
5
One receipt No. 545 dated 1.10.96 for Rs. 19,000/-issued by V.R.N. Company, Indian Oil Dealer, Thanjai road, Vilamal to M/s.Ramraj Agro Mills.
6
16 numbers of Credit Bills for the Purchase of Diesel Oil issued by V.R.N. sCompany, Vilamal. Thiruvarur to M/s.Ramraj Agro Mills. (Bill Nos. 1254 dated 1.9.96, 1272 and 2.9.96, 1276 dated 2.9.96, 1359 dated 7.9.96. 1367 dated 7.9.96, 1468 dated 11.9.96. 1524 dated 14.9.96, 1529 dated 14.9.96, 1530 dated 14.9.96, 1554 dt. 15.9.96, 1580 dt. 17.9.90, 1660 dt. 20.9.96, 1661 dt. 20.9.96, 1 719 dt. 23.9.96. 1766 dt. 25.9.96, 1814 dt.26.9.96)
7
2 Nos. of Credit Bill List Nos. 7 and 8 dated 30.9.96 sent by Sri Krishna Agencies, 25A. Nethaji Road, Thiruvarur to M/s.Maruthi Transport, Vandampalai.
8
Credit Bills List dated 2.10.96 issued by Sri Krishna Agencies, 25A, Nethaji Road, Thiruvarur to M/s.Ramraj Agro Mills.
9
Bill No. 2055 dt. 5.4.96 for the sale of Excide Battery for the vehicle TN 37 H 4005 at the rate of Rs. 690/-by Sulekha Battery Sender, 16. Adees Road, Grade Town. Coimbatore-18 to ThiruM.SambanaMoorthy, Peeiamedu, Coimbatore -4.
10
Immovable Properties Register of M/s. Ramraj Agro Mills Limited, VandampalaiAngalancherry, NanillamTaluk.
ANNEXURE -XI
SEARCH LIST No. 15851
Sl. No
DESCRIPTION
1
Indian Bank, Mannargudi Branch, Deposit Receipt No 223264 for Rs. 13,000/- dated 22.8.96 (Maturity Dale 22.8.2006) Maturity Amount of Rs. 46,725/- in the name of minor Vivek, Guardian J.Ilavarasi, 32/1, Mannai Nagar, Mannargudi.
Indian Bank, mannargudi Branch, Fixed Deposit Receipt No. M.T.Z/R.I.B. 223266 for Rs. 13.000/-dated 22.8.96 (Maturity Date 22.8.2001) Maturity Amount of Rs.24.645/-in the name of minor J. Krishnapriya, Guardian J.Ilavarasi, 32/1. Mannai Nagar. Mannargudi.
3
Indian Bank, mannargudi Branch, Deposit Receipt No. N.T/R.I.B. 223265 dated 22.8.96 for Rs. 13,000/-(Maturity Date 22.8.2003) Maturity Amount of Rs. 31,832/-in the name of K. Shakila. Guardian J.Ilavarasi, 32/1, Mannai Nagar, Mannargudi.
4
Mannargudi Sub-Registrar Office Receipt No.383100 dated 5.9.91 for Rs. 1,950/- towards registration charges of Document No. 1504/1991 in the name of ThiruVinodhagan.
5
Mannargudi Sub-Registrar Office Receipt No. 153083 dated 16.8.91 for Rs. 6.000/- towards registration charges of Document No. 25/91 in the name of Tr. S. Rajagopalan.
6
Mannargudi Sub-Registrar Office Receipt No. 341294 dated 16.8.91 for Rs. 10/- in the name of Tr. Rajagopalan for the above mentioned document.
7
Indian Bank, Thiruvarur Branch Current Account No. 72, in the name of Sakehi Enterprises, T.46 Cheque Book Nos. from N.P.H 448751 to 448800. Unused cheques from 448772 to 448800.
ANNEXURE -XII
SEARCH LIST No. 129141
Sl. No
DESCRIPTION
1
Maha Subhalakshmi Kalyana Mandapam Booking note book (Page No. 1 to 141 written) for the period from 12.1.94 to 30.6.96
2
Maha Subhalakshmi Kalyana Mandapam Booking Note book (Page No. 1 to 68) for the period from 13.4.96 to 27.4.97
3.
Maha Subhalakshmi Kalyana Mandapam Income and Expenditure account Book for the period from 1993 to 1995 (1-79 pages written 06.9.93 to 29.3.96.
4
Maha Subhalakshmi Kalyana Mandapam Income and Expenditure Book 1996-97 (pages 1 to 172) for the period from 2.4.96 to 7.10.96
5
Marked as Ex.P 2249
6
Marked as Ex. P 2250
7
Maha Subhalakshmi Kalyana Mandapam extra charge account book 1996-1997 (Pages 1 to 69 written) for the period from 13.4.96 to 25.9.96
8
Maha Subhalakshmi Kalyana Mandapam amenity receipt bill book (Bill No. 1 to 100) for the period from 21.9.93 to 19.4.95
9
Maha Subhalakshmi Kalyana Mandapam amenity receipt bill book (Bill No. 101 to 200 for the period from 21.4.95 to 4.6.96
10
Maha Subhalakshmi Kalyana Mandapam extra charges bill book (Bill No. 1 to 100) for the period from 20.8.93 to 29.6.95
11
Maha Subhalakshmi Kalyana Mandapam extra bill book (Bill No. 101 to 200) for the period from 9.7.95 to 11.9.96)
12
Maha Subhalakshmi Kalyana Mandapam electric charge account book (pages 1 to 15written) for the period from 20.8.93 to 25.9.95)
13
Maha Subhalakshmi Kalyana mandapam water tanker bill account (Page Nos. 1 to 17 written) for the period from 12.8.93 to 5.3.95
14
Maha Subhalakshmi Kalyana Mandapam telephone bill for (Tel No. 48344248) bill dated from 11.10.93 to 1.10.96 (pages 21 to 40)
15
Maha Subhalakshmi Kalyana Mandapam corporation property tax collection receipt dated 5.11.93 to 25.6.96 (pages 1 to 14)
16
Maha Subhalakshmi Kalyana Mandapam water bill account book of R Pathy and Company bills dated 6.9.93 to 1.9.96 (pages 1 to 176)
ANNEXURE -XIII
SEARCH LIST No. 129142
Sl. No
DESCRIPTION
1
Indian Bank Current Account Pass Book O.D. 90 in the name of J. Jay T.V. Private Limited from 23rd November, 1994
2
Indian Bank Current Account Pass Book O.D. 90 in the name of J. Jay T.V. Private Limited from 27.7.95
3
Remittance Challan counter foil of State Bank of Mysore A/c no. 15934 from 16.12.95 to 13.5.96 (Two weeks)
4
Cheque Book of State Bank of Mysore A/c 16166 in
The name of Tr. V. Bhaskaran 74477 to 74500
5
Used Cheque Books of Indian Bank in the name of J. Jay T.V of hundred cheques each in A/C No. 1125 (three books)1. 719401 to 719500 (2) 717301 to 400 (3) 715701 to 715800
6
Challan counter foil Book of Indian Bank A/c No. 1125 in the name of J. Jay T.V. (partly used)
7
File relating to notice served to the J. Jay T.V. from the enforcement Directorate, New Delhi, dt. Ni. (containing 5 sheets)
8
File relating to Telephone Bills
9
File relating to Income tax of J. jay T.V for 95-96 (6 Sheets)
10
Statements of Current Account No.015935 of State Bank of Mysore. T. Nagar,
11
Bank Expenditure vouchers of J. Jay T.V. Private Limited, dt. 28.6.96 on wards (file starts with 28.6.96)
12
List of Cable TV operators of various Districts (TenDistricts) (pardy Tamil)
13
File relating to AIDFMK Office bearers with their address and Phone Numbers
14
State Bank of Mysore -Cash Book Register -Vol.I. Pages 1 to 176
15
G.L. Register I -pages 1 to 412
16
Invoice Control Book Register - Pages 1 to 92
17
Petty Cash Register Pages 1 to 33
18
Register of Expenditure pages 1 to 314 and 1 to 268 (two volumes)
19
Cash book Opages 1 to 268
20
Bill Control Register Pages 1 to 92
21
A bunch of visitors registers from 23.2.96 to 20.4.96
22
Chequedetails register - pages 1 to 92
23
Control Account Register-Pages 1 to 92
24
Company Wise Account register - pages 1 to 412
25
incoming Telephone Register from 07.2.96
26
Visitors Register - 1 from 7.2.95
27
Telephone register-outgoing rails from 8.4.95
28
A Note Book containing movement of vehicles
29
A photo Album containing pages 1to 48
30
Three visiting card Albums
31
Twovideo cassettes Uzhakum Karangal 2. Puratchi Yugathi Ealiutchi Maanadu
32
3.5" (90 mm) Floppy Disks. 7 numbers of SONY 2numbers of MAXELL (total 9)
33
File relating to Furnitures
ANNEXURE-XIV
SEARCH LIST No. 31314
Sl. No
DESCRIPTION
1
A Book Containing RC books, insurance Certificate in respect of TN 09E 9027-Ashjok Leyland Cargo Ostanding in the name of V.N. Sudhakaran -registered on 19.12.94 and other relevant records -the address is given as No. 13, Balamuthukrishna Street, T. Nagar Madras- 17 with blue plastic cover -pages 1 to 24 with blank sheets
2
Counterfoil of the coupons for the deposit of cheque in Canara Bank in favour of Metal Xing from 27.4.95 to 22.12.95-one
3
Counterfoil of the challans for the deposit of cheque in Canara Bank in favour of Metal King from 10.2.96 to3.4.96
4
Cheque issue register of Metal King pages 1 to 363 for the period from 3.4.95 to 29.3.9
5
Cheque issue register of Metal King of Canara Bank, Guindy madras -A/c 1245 pages 1 to 372 for the period from 3.4.96 to 12.6.96
6
Cheque Issue register of Metal King-pages 1 to 176 for the period from 10.2.96 to 31.7.96
7
Duplicate registration certificate Book in respect of Omni Bus TN 09 B 6966- Registered in the name of All India Anna D.M.K., Head Office, Madras -14, subsequently transferred to Dr. J. jayalalitha with effect from 12.5.92 and again transferred to Metal King with effect from 22.3.95
8
Metal King Stock Statement as on 30.9.95 signed by the Store Keeper
9
Metal King Stock Statement as on 31.3.96 signed by the Store Keeper
10
Bill of Alagu Security Service Private Ltd., for October 1996 for Rs. 1370.95
11
Canara bank, Statement of Account in respect of
Account No. 1245 for the period from 1.7.96 to 31.7.96 -Guindy Branch
12
Canara Bank, Guindy, Statement of Account in respect of A/c No. 1245 for the period from 1.8.96 to 31.8.96
It is the contention of petitioner that several documents relied upon by prosecution are not tendered in evidence on the sole ground that they would be in favour of accused and petitioner in particular. The copies of all the documents mentioned in the application are absolutely essential for petitioner to substantially answer the questions put to her during her examination u/s 313 Cr.P.C. That apart, copies of all the documents sought for in the application would also be required by petitioner for tendering her evidence and also for putting in her written statement. Therefore, petitioner has sought for copies of all the aforestated documents. The application was opposed by respondent and came to be rejected in terms of the impugned order.
Sri S.K. Venkata Reddy, learned counsel for petitioner would submit that petitioner has indefeasible right to obtain certified copies of all the documents seized during the course of investigation. The petitioner has right to obtain certified copies of all the documents seized during the course of investigation notwithstanding the fact that such documents have not been tendered in evidence.
The learned counsel for petitioner has relied on following decisions:
I. Sidhartha Vashisht @ Manu Sharma Vs. State (NCT of Delhi),
II. Jahid Shaikh and Others Vs. State of Gujarat and Another,
III. T. Nagappa Vs. Y.R. Muralidhar,
IV. Crl. O.P. No. 22929 of 2007 (in the case of M. Ramasamy Vs. F. Ramesh) dated 03.09.2007
V. Mrs. Kalyani Baskar Vs. Mrs. M.S. Sampornam,
VI. 2007 Crl.L.J. 1772 (in the case of Angadh Rohidas Kadam & Others Vs. State of Maharashtra & another)
VII. K. Ramaiah Vs. R. Sudhakara Naidu,
VIII. 2001 Crl.L.J. 3918 (in the case of Pawan Duggal Vs. State)
IX. A.A. Kilachand Vs. State of Karnataka,
The learned counsel for respondent would justify the impugned order by contending that the application is frivolous and it is intended to drag on the proceedings notwithstanding the provisions contained u/s 4 of the Act and the directions given by the Supreme Court that the trial should proceed on day to day basis.
It is not in dispute and cannot be disputed that examination of petitioner (accused No.2) u/s 313 Cr.P.C., is halfway through. The petitioner contends that these documents are necessary to answer the questions put to her during examination u/s 313 Cr.P.C.
The law is fairly well settled u/s 313(1)(a) Cr.P.C., accused may be questioned at any stage, without being previously warned. u/s 313(1)(b) Cr.P.C., accused shall after the witnesses for the prosecution have been examined and before the accused is called on for his defence, the court can question him generally on the case for the purpose and the accused shall not render himself liable to punishment by refusing to answer such question, or by giving false answers to such questions.
By Act No. 5 of 2009, sub-section (5) has been added, reading as hereunder:-
313(5). The Court may take help of Prosecutor and Defence Counsel in preparing relevant questions which are to be put to the accused and the Court may permit filing of written statement by the accused as sufficient compliance of this section." In view of the order made by the Supreme Court when the case was transferred from the Sessions Court at Chennai to the Sessions Court at Bangalore, the benefit of subsection (5) is not extended to petitioner.
The petitioner has invoked the provisions of sections 207 & 243(2) Cr.P.C., r/w rule 2,. Chapter XIV of the Karnataka Criminal Rules of Practice, 1968.
Section 207 Cr.P.C., reads thus-
Supply to the accused of copy of police report and other documents -
In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following.
(i) The police report;
(ii) The first information report recorded u/s 154
(iii) The statements recorded under subsection (3) of section 161 of all persons whom the prosecution proposes to examine as its witnesses, excluding there from any part in regard to which a request for such exclusion has been made by the police officer under subsection (6) of section 173.
(iv) The confessions and statements, if any, recorded u/s 164;
(v) Any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub-section (5) of section 173:
Provided that the Magistrate may, after perusing any such part of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused:
Provided further that if the Magistrate is satisfied that any document referred to in Clause (v) is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in court.
Under second proviso to section 207 Cr.P.C., if the Magistrate is satisfied that any document referred to in clause (v) is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in Court.
It is not the grievance of petitioner that there is noncompliance of the provisions of section 207 Cr.P.C. It is not the case of petitioner that documents mentioned in Annexures I to XIV extracted supra are the documents referred u/s 173(5) Cr.P.C.
As could be seen from the proceedings, the final report was filed before the Special Judge at Chennai on 04.06.1997. The examination of accused commenced before the Sessions Court at Chennai and thereafter before the Sessions Court at Bangalore on 23.02.2003. The petitioner had not sought for certified copies mentioned in Annexures I to XIV till the date of impugned application viz 29.03.2012. The petitioner had not made any grievance regarding non-supply of those copies when the evidence of witnesses for prosecution was recorded.
It is needless to state that examination of witnesses for prosecution is the vital part of criminal trial. The petitioner is aware about the nature of evidence adduced against her and documents tendered in evidence through the prosecution witnesses. Therefore, at this stage, petitioner cannot take recourse to section 207 Cr.P.C., to seek certified copies of documents mentioned in Annexures 1 to XIV, which are not part of documents filed u/s 173(5) Cr.P.C.
The petitioner has invoked section 243 Cr.P.C. u/s 22 of the Act, the provisions of section 243 Cr.P.C., for trial in relation to an offence punishable under the Act have been modified.
Section 22(a) of the Prevention of Corruption Act, 1988 reads thus:-
22(a) in sub- section (1) of section 243, for the words" The accused shall then be called upon", the words" The accused shall then be required to give in writing at once or within such time as the Court may allow, a list of the persons (if any) whom he proposes to examine as his witnesses and of the documents (if any) on which he proposes to rely and he shall then be called upon" had been substituted;
In the case on hand, the question of calling upon petitioner to enter defence would arise only after examination of accused u/s 313 Cr.P.C. When the examination of petitioner u/s 313 Cr.P.C., is halfway through, the petitioner cannot invoke section 243 Cr.P.C., a stage, which is yet to reach. Therefore, the contention of petitioner that she is entitled for grant of certified copies of all the documents extracted supra under the provisions of section 243 Cr.P.C., cannot be accepted.
The petitioner has invoked rule 2, Chapter XIV of the Karnataka Criminal Rules of Practice, 1968, which provides for grant of copies of record of the case, including exhibits, which have been admitted in evidence. The documents mentioned in Annexures I to XIV extracted supra are not records of the case and they have not been tendered in evidence and they cannot be termed as exhibits. Therefore, the petitioner cannot invoke rule 2 of Chapter XIV of the Karnataka Criminal Rules of Practice, 1968.
Now adverting to decisions relied upon by learned counsel for petitioner:- In the decision reported in Sidhartha Vashisht @ Manu Sharma Vs. State (NCT of Delhi), , paragraphs 216 to 221 read thus:
"216. u/s 170, the documents during investigation are required to be forwarded to the Magistrate, while in terms of Section 173 (5) all documents or relevant extracts and the statement recorded u/s 161 have to be forwarded to the Magistrate. The investigating officer is entitled to collect all the material, which in his wisdom is required for proving the guilt of the offender. He can record statement in terms of Section 161 and his power to investigate the matter is a very wide one, which is regulated by the provisions of the Code. The statement recorded u/s 161 is not evidence per se u/s 162 of the Code. The right of the accused to receive the documents/statements submitted before the Court is absolute and it must be adhered to by the prosecution and the Court must ensure supply of documents/statements to the accused in accordance with law. Under the proviso to Section 162 (1) the accused has a statutory right of confronting the witnesses with the statements recorded u/s 161 of the Code thus indivisible.
Further, Section 91 empowers the Court to summon production of any document, or thing which the Court considers necessary or desirable for the purposes of any investigation inquiry, trial or another proceeding under the provisions of the Code. Where Section 91 read with Section 243 says that if the accused is called upon to enter his defence and produce his evidence there he has also been given the right to apply to the Court for issuance of process for compelling the attendance of any witness for the purpose of examination, cross-examination or the prod action of any document or other thing for which the Court has to pass a reasoned order.
The liberty of an accused cannot be interfered with except under due process of law. The expression "due process of law" shall deem to include fairness in trial. The Court (sic Code) gives a right to the accused to receive all documents and statements as well as to move an application for production of any record or witness in support of his case. This constitutional mandate and statutory rights given to the accused place an implied obligation upon the prosecution (prosecution and the prosecutor) to make fair disclosure. The concept of fair disclosure would take in its ambit furnishing of a document which the prosecution relies upon whether filed in Court or not. That document should essentially be furnished to the accused and even in the cases where during investigation a document is bona fide obtained by the investigating agency and in the opinion of the prosecutor is relevant and would help in arriving at the truth, that document should also be disclosed to the accused.
The role and obligation of the prosecutor particularly in relation to disclosure cannot be equated under our law to that prevalent under the English System as aforereferred. But at the same time, the demand for a fair trial cannot be ignored. It may be of different consequences where a document which has been obtained suspiciously, fraudulently or by causing undue advantage to the accused during investigation such document could be denied in the discretion of the prosecutor to the accused whether the prosecution relies or not upon such documents, however in other cases the obligation to disclose would be more certain. As already noticed the provisions of Section 207 have a material bearing on this subject and make an interesting reading. This provision not only require or mandate that the Court without delay and free of cost should furnish to the accused copies of the police report, first information report, statement, confessional statements of the persons recorded u/s 163 whom the prosecution wishes to examine as witnesses, of course, excluding any par of a statement or document as contemplated u/s 173(6) of the Code, any other document or relevant extract thereof which has been submitted to the Magistrate by the police under Sub Section (5) of Section 173. In contradistinction to the provisions of Section 173, where the Legislature has used the expression "documents on which the prosecution relies" are not used u/s 207 of the Code. Therefore, the provisions of Section 207 of the Code will have to be given liberal and relevant meaning so as to achieve its object. Not only this, the documents submitted to the Magistrate along with the report u/s 173(5) would deem to include the documents which have to be sent to the Magistrate during the course of investigation as per the requirement of Section 170(2) of the Code.
The right of the accused with regard to disclosure of documents is a limited right but is codified and is the very foundation of a fair investigation and trial. On such matters, the accused cannot claim an indefeasible legal right to claim every document of the police file or even the portions which are permitted to be excluded from the documents annexed to the report u/s 173(2) as per orders of the Court. But certain rights of the accused flow both from the codified law as well as from equitable concepts of constitutional jurisdiction, as substantial variation to such procedure would frustrate the very basis of a fair trial. To claim documents within the purview of scope of Sections 207, 243 read with the provisions of Section 173 in its entirety and power of the Court u/s 91 of the Code to summon documents signifies and provides precepts which will govern the right of the accused to claim copies of the statement and documents which the prosecution has collected during investigation and upon which they rely.
It will be difficult for the Court to say that the accused has no right to claim copies of the documents or request the Court for production of a document which is part of the general diary subject to satisfying the basic ingredients of law stated therein. A document which has been obtained bonafide and has bearing on the case of the prosecution and in the opinion of the public prosecutor, the same should be disclosed to the accused in the interest of justice and fair investigation and trial should be furnished to the accused. Then that document should be disclosed to the accused giving him chance of fair defence, particularly when non-production or disclosure of such a document would affect administration of criminal justice and the defence of the accused prejudicially."
The learned counsel for petitioner, relying on paragraph. 216 of the aforestated judgment would submit that u/s 170 Cr.P.C., the documents collected/seized during investigation are required to be forwarded to the Magistrate, while in terms of section 173(5) Cr.P.C., all documents or relevant extracts and the statements recorded u/s 161 have to be forwarded to the Magistrate.
The learned counsel for petitioner, relying on paragraph 217 of the judgment would submit that section 91 empowers the court to summon production of any document or thing which the court considers necessary or desirable for the purposes of any investigation, inquiry, trial or another proceeding under the provisions of the code. Section 91 read with section 243 says that if the accused is called upon to enter his defence and produce his evidence there he has also been given the right to apply to the court for issuance of process for compelling the attendance of any witness for the purpose of examination, cross examination or the production of any document or other thing for which the court has to pass a reasonable order.
In the case on hand, petitioner has not yet been called upon to enter upon her defence. What remedies are available to petitioner under sections 91 and 243 as modified u/s 22 of the Act would be a matter for consideration when the petitioner is called upon to enter upon her defence. When examination of petitioner (accused no. 2) u/s 313 Cr.P.C., is halfway through such a right cannot be exercised by petitioner.
The decision reported in (2008) 5 SCC 636 (in the case of T. Nagappa Vs. Y.R. Muralidhar) deals with rights available to the accused when he is called upon to enter upon his defence.
In Crl O.P. No. 2292 of 2007 (in the case of M. Ramasamy Vs. F. Ramesh) dated 03.09.2007, the petitioner had sought for copies of cheque; dishonor memo; debit advice; certificate of posting; acknowledgment card; legal notice in a proceedings u/s 138 of the Negotiable Instruments Act. In the circumstances, the court had directed to issue certified copies as they were documents relied upon by the complainant in a complaint filed u/s 138 of the Negotiable Instruments Act.
In a decision reported in Mrs. Kalyani Baskar Vs. Mrs. M.S. Sampornam, , the Supreme Court has held that accused cannot be convicted without an opportunity being given to her to present her evidence. This judgment has been rendered u/s 243(2) Cr.P.C. Section 243(2) Cr.P.C., comes into play after examination of accused u/s 313 Cr.P.C. This judgment deals with rights available to accused when the accused is called upon to enter upon his defence and produce his evidence. In the instant case, such a stage has not reached.
In the decision reported in (2007) Crl.L.J. 1772 (in the case of Angadh Rohidas Kadcun &. Others Vs. State of Maharastra), the Bombay High Court has held:-
There is another angle from which the present matter needs to be looked into. Section 173(5)(b). so also, Section 207(iii) of Cr.P.C. refer to the statements of persons to whom the prosecution proposes to examine as its witnesses. From the record, it can be seen that the aforesaid four persons were listed as prosecution witnesses initially. It is thus clear that the prosecution has initially proposed to examine them. However, the said statements were not filed in the Court along with the charge sheet only because they did not support the prosecution case. I am of the view that from the plain reading of Section 173(5)(b) and Section 207(iii) of Cr.P.C., it is the duty of the Investigating Officer to forward copies of statement of all such persons to whom the prosecution proposes to examine. In the present case, the names of the aforesaid persons were mentioned in the list of witnesses. As I have already discussed herein above, the said statements could not be withheld only on the ground that they would have strengthened the defence of the accused persons. The prosecution is not supposed to be interested in ensuring conviction of the accused in any circumstance. What is expected, is to assist the court in unearthing the truth.
Then the question comes as to what is the scope of Section 233 of Cr.P.C. A bare perusal of Sub-section 3 of Section 233 would reveal that when accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the Judge shall issue such process unless he considers, for reasons to be recorded, that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice. It can thus be clearly seen that when an accused exercises his right under Sub-section 3 of Section 233 for compelling the attendance of any witness or production of any document, the learned Magistrate can refuse the said request only on three grounds: (i) vexation, (ii) delay, and (iii) defeating the ends of justice. Moreover, the Magistrate is required to record his reasons for refusing the request. A bare perusal of the said Section would reveal that except those three grounds, the request cannot be turned down on any other ground.
A perusal of the impugned order would reveal that the learned Magistrate has not referred to any of the three grounds as contemplated u/s 233 of Cr.P.C., while refusing request of the applicants. The request is rejected only on the statement made on behalf of the prosecution, that their names are not mentioned in the charge sheet. In that, view of the matter, I find that the impugned order is unsustainable in law, on this ground also.
It is also held if the investigating agency and the prosecution withhold any evidence in favour of the accused from the accused, they are not being fair, just and reasonable with the accused. Therefore, their action would be in violation of article 14 of the Constitution of India. Article 21 of the Constitution of India also requires that the procedure established by law should be fair and reasonable. A procedure which permits the withholding of evidence which is in favour of the accused from the court and from the accused cannot be termed as "fair and reasonable." Thus, such a procedure would be in violation of article 21 of the Constitution of India. It is also held that in order to reject the application u/s 233 Cr.P.C., the Magistrate is required to record his reasons for refusing the request of accused.
In the instant case, it is not the grievance of petitioner that statements recorded u/s 161 Cr.P.C., have been withheld by the Investigating Officer. Therefore, what has been held in the above decision is not applicable to the facts of the instant case.
In a decision reported in K. Ramaiah Vs. R. Sudhakara Naidu, , the High Court of Madras, referring to rule 339 of Criminal Rules of Practice has held that copies of portion of record of criminal case must be furnished to parties concerned on payment of proper stamp and authorized fee for copying. In the case on hand, copies of documents, which have been sought, cannot be termed as record of court to attract rule 2 of the Karnataka Criminal Rules of Practice.
In the decision reported in (2001) Crl.L.J. 39)8 (in the case of Pawan Duggal Vs. State), the High Court of Delhi has dealt with the rights of accused to invoke the provisions of section 91 Cr.P.C.
In the case on hand, cross-examination of witnesses for prosecution was concluded several years before the instant application was filed. The stage of the accused entering upon defence and the court rendering all such support available u/s 91 Cr.P.C. to accused to adduce defence evidence is not yet reached.
In the decision reported in 1991 (4) Kar.L.J. 705 (in the case of A.A. Kilachand Vs. State of Karnataka), this court has held that rule 2 of Karnataka Criminal Rules of Practice will have to be read with sections 74 & 76 of the Evidence Act. If the documents are in the nature of public documents falling within the purview of sections 74 & 76 of the Evidence Act, the court has to grant certified copies notwithstanding the fact that such documents were not marked.
In the case on hand, none of the documents stated in Annexures I to XIV extracted supra would fall within the purview of sections 74 & 76 of the Evidence Act. The documents of which certified copies are sought for in the application filed by the petitioner cannot be termed as public documents. Therefore, what has been held in the decision reported in 1991 (4) Kar.L.J.705 (in the case of A.A. Kilachand Vs. State of Karnataka) is not applicable to the facts of the instant case.
As already stated, examination of petitioner u/s 313 Cr.P.C., is halfway through. The contention of petitioner that certified copies of all the documents mentioned in Annexures I to XIV are necessary to answer the questions framed u/s 313 Cr.P.C., cannot be accepted for more than one reason:-
The petitioner has already answered 532 questions framed u/s 313 Cr.P.C. The contention of petitioner that the certified copies of the documents are necessary to answer the remaining questions cannot be accepted as she does not have/cannot have knowledge of questions framed u/s 313 Cr.P.C., which she is yet to answer. It is true, the court and the prosecution are duty bound to ensure a fair trial. The petitioner under the guise of exercising right to fair trial cannot subvert the proceedings or protract the proceedings. The trial court and the prosecution are duty bound to ensure that there is due compliance of the provisions of the Criminal Procedure Code as are available to the accused in different stages of the trial. At the same time, the accused with an intention to thwart the proceedings cannot take recourse to the provisions of the Code.
Thus, on overall consideration of the matter, I am of the opinion that the trial court was justified in rejecting the application. There are no grounds to interfere with the impugned order. The criminal petition is dismissed.