Courts cannot deny copies of documents in criminal cases not only to the accused to enable them to defend themselves effectively but also to the complainants since they happen to be victims of the crime, the Madras High Court Bench here has said.
Justice P. Devadass made the observation while setting aside the order of a Judicial Magistrate who had refused to give to a complainant copies of documents used by a handwriting expert to render opinion in a land grab case investigated by Anti-Land Grab Special Cell here.
“As per Article 22(1) of the Constitution and Section 303 Code of Criminal Procedure, an accused is entitled to have documents to put effective defence. But, the de facto complainant is not going to defend. Actually, he will prosecute the accused whether it is a police case or a private case.
“However, a complainant is the real victim and the police are only de jure complainants. Hence, a party to a criminal case can seek any part of the criminal court’s record provided he gives reasons for the same and satisfies the court that he will not misuse the documents,” the judge said.
In so far as the present case was concerned, the copies sought for were not “classified documents whose disclosure will spoil the relationship between countries,” the judge said, and directed the Magistrate to give copies of those documents to the petitioner, G. Ramadoss of Vadipatti near here.
