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TMI Blog2008 (2) TMI 854X X X X Extracts X X X X X X X X Extracts X X X X ..... ed against respondents 2 to 8 under Section 13(2) read with 13(1)(c) of the Prevention of Corruption Act and Section 109 of the Indian Penal Code read with Section 13(2) read with Section 13(2)(e) of the Prevention of Corruption Act for acquisition of properties disproportionate to the known source of their income. Later on, they were discharged from the proceedings in Special C.C. No. 14 of 2004 by the common order dated 6-11-2006 passed by the learned Chief Judicial Magistrate, Salem. 3. The petitioner, who is the former Public Prosecutor for Salem District and a practising Advocate from the District and Sessions Court, Salem, filed a petition in Crl. M.P. No. 1116 of 2007 before the learned Chief Judicial Magistrate, Salem seeking ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... payment of fees as per the rules framed by the High Court. Referring to Order XII Rule 3 of the Rules of the High Court Madras Appellate Side, 1965, he would further submit that on the request of any party certified copies of judicial records can be granted to persons who are not party to the proceedings. Referring to the judgment pronounced by the Bench of our High Court, the learned counsel appearing for the petitioner would submit that in a similar case, our High Court has taken a view that even a third party is entitled to copies of the records in the Criminal Court. Therefore, the impugned order passed by the learned Chief Judicial Magistrate, Salem is liable to be set aside. 7. Learned Government Advocate (Criminal Side) would s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s are furnished to a third party who is not entitled to such documents and permit him to use it as a weapon to wreak vengeance against an innocent person. Therefore, he would submit that the petitioner, who is a third party, is not entitled to any of the documents maintained by the Criminal Court. 8. As rightly pointed out by the learned Chief Judicial Magistrate, Salem in the impugned order, Section 363(5) will not apply to the facts of this case inasmuch as the petitioner who is neither a party to the proceedings nor a close relative to the parties to the proceedings, can be termed as persons "affected by the order". Likewise, Rule 339 of the Code of Criminal Procedure contemplates issuance of copies of the records of the Criminal C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ered opinion of this Court, the failure on the part of High Court in framing rules as indicated by the Parliament cannot take away the valuable right of a third party to obtain a copy of the judgment or order of a Criminal Court. Even when the Parliament has intended something and the High Court has not carried its intention to its logical end, the benevolent provision will have to be necessarily extended to the party entitled to enjoy the right recognised therein. This Court has already held in D. Jayakumar v. State rep by the Inspector of Police, Vigilance & Anti-Corruption Wing, Dindigul in Crl. O.P. (MD) No. 10290 of 2007 by order dated 4-10-2007 that a third party is entitled to certified copies of all the material documents in a crimi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court Madras Appellate Side, 1965 will apply only in case where the documents have come to the file of the High Court. Further, as rightly pointed out by the learned Government Advocate (Criminal Side), the rules of the High Court Madras Appellate Side, 1965 have not been framed by the High Court empowered under Section 363(6) of the Code of Criminal Procedure. Therefore, I find without any hesitation that the Rules of High Court Madras Appellate Side, 1965 does not apply to a case where a third party seeks certified copies of the records of the Trial Court which have not come to the High Court in connection with any case pending before this Court. 14. The Right to Information Act, 2005 created a dent in the so called "privacy" being ..... X X X X Extracts X X X X X X X X Extracts X X X X
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