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Unnikrishnan Nair v. The State Of Kerala

Unnikrishnan Nair v. The State Of Kerala

(High Court Of Kerala)

Criminal Miscellaneous Case No. 2015 Of 2011 | 04-07-2011

1. Heard the learned counsel for the petitioner and the learned counsel for the State.

2. The petitioner is accused No. 38 in Crime No. 111 of 2011 of C.B.C.I.D., Ernakulam for offences punishable under Sections 366A, 376(2)(g), 354 202 and 120-B r/w Section 34 I.P.C. Being aggrieved by the order dated 21.06.2011 refusing to issue certified copy of the statement recorded under Section 164 Cr.P.C in Crime Case No. 346 of 2011 of North Paravur Police Station by the Judicial First Class Magistrate, North Paravur, the petitioner has filed this application. After having heard the learned counsel for the petitioner and the learned counsel for the State, I am of the view that the 164 statement which is part of record cannot be denied to this petitioner. Therefore, I direct the learned Magistrate to issue a certified copy of the statement recorded under Section 164 Cr.P.C in Crime Case No. 346/2011 of North Paravur Police Station within a week from the date of making a fresh application.

This application is disposed of as above.

Advocate List
  • For the Petitioner Babu S. Nair, Advocate. For the Respondent M.R. Venugopal, Public Prosecutor.
Bench
  • HON'BLE MR. JUSTICE B.P. RAY
Eq Citations
  • 2014 (1) KLT 146
  • LQ/KerHC/2011/1381
Head Note

Criminal Procedure Code, 1973 — Ss. 164 and 173 — Undertrial accused — Right to certified copy of statement recorded under S. 164 — Undertrial accused entitled to certified copy of statement recorded under S. 164 Cr.P.C.