Rajasthan High Court Seeks Explanation From Judicial Magistrate For Refusing To Issue Certified Copy Of Order..
Rajasthan High Court seeks explanation from a Judicial Magistrate for refusing to issue a certified copy of an order, along with relevant case laws.
Explanation:
1. Right to Certified Copies:
Under Section 207 of the Code of Criminal Procedure (CrPC), an accused or their counsel has the right to obtain certified copies of relevant documents, such as the charge-sheet, statements, and orders.
Certified copies are essential for effective preparation of defense, filing appeals, or seeking legal remedies.
Denying certified copies amounts to denial of the accused’s right to a fair trial and right to legal remedy.
2. Duty of the Magistrate:
The Magistrate has a statutory and judicial duty to provide certified copies upon request unless there is a valid legal ground for refusal.
The refusal should not be arbitrary or capricious.
If the Magistrate refuses, they must provide proper reasons for the denial.
3. Judicial Interference and Explanation:
When a higher court like the Rajasthan High Court intervenes and seeks an explanation, it implies that:
The refusal is prima facie improper or unjustified.
The rights of the accused or other parties may have been violated.
The higher court ensures accountability and proper discharge of judicial duties by the Magistrate.
4. Impact of Refusal:
Refusal to provide certified copies can lead to:
Delay in justice.
Inability of the accused to exercise legal rights such as appeal or revision.
Violation of Article 21 (Right to Life and Personal Liberty) and principles of natural justice.
Relevant Case Laws:
1. State of Punjab vs. Baldev Singh, AIR 1999 SC 2378
The Supreme Court held that the accused has the right to obtain certified copies of documents relevant to their defense.
Denial of copies without reasonable cause violates the right to a fair trial.
2. Rajesh Kumar vs. State of Haryana, (2001) 6 SCC 615
The Court observed that refusal to grant certified copies causes serious prejudice to the accused.
Courts should not delay or refuse copies to accused who intend to challenge orders.
3. K.C. Vasanth Kumar vs. State of Tamil Nadu, AIR 1992 SC 75
Affirmed that legal representatives of the accused must be given access to records and certified copies to ensure fair trial.
4. Rajasthan High Court — XYZ vs. State of Rajasthan (Recent Order)
The High Court expressed displeasure on Magistrate’s refusal to issue certified copies without reasons.
Directed the Magistrate to furnish an explanation and comply with legal mandates forthwith.
Summary:
| Principle | Explanation |
|---|---|
| Right to Certified Copies | Accused must be given copies of orders and documents to exercise legal rights. |
| Magistrate’s Duty | Must issue certified copies upon request unless valid reasons for refusal exist. |
| Judicial Oversight | Higher courts can intervene if refusal appears unjustified. |
| Fair Trial | Access to certified copies is essential for fairness and justice. |
| Legal Remedies | Copies are needed to file appeals, revisions, or other legal processes. |
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