TMI Blog2022 (4) TMI 1293X X X X Extracts X X X X X X X X Extracts X X X X ..... at Section 67(5) of the Act specifically provides that the Officer can deny issuance of copies of statement if the same is prejudicial to the investigation. The affidavit cannot supplement the reasons which are not there in the order. On going through the judgment of the learned Single Judge, the learned Single Judge has rightly exercised his jurisdiction and set aside Ext.P10 and directed the officer to pass fresh orders in the request submitted by the appellants for issuance of copies of the statements. The learned Single Judge has in fact gone a step ahead and discussed the relevant provisions of law under the Act and made passive observations which may be prejudicial to the appellants - In view of the matter, since the learned Single ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecorded from him. Thereafter, the petitioners in all the writ petitions filed separate applications requesting for issuance of the statement recorded from Sri. Melvin T Mathew. A further request was also made for transfer of the files of enquiry to the place of the appellants/petitioners choice. Appellants' request were turned down by the respondent as 'cannot be considered'. No specific reasons are stated in the rejection orders. 3. The appellants challenged rejection orders before the learned Single Judge in the respective writ petitions. A counter affidavit was filed by the respondent in W.P.(C) No.20453 of 2021 stating that the information gathered during the enquiry was very crucial and sensitive in nature and the issuan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellants. But in the counter affidavit the contention taken is that Section 67(5) of the Act specifically provides that the Officer can deny issuance of copies of statement if the same is prejudicial to the investigation. As already held above the affidavit cannot supplement the reasons which are not there in the order. On going through the judgment of the learned Single Judge, the learned Single Judge has rightly exercised his jurisdiction and set aside Ext.P10 and directed the officer to pass fresh orders in the request submitted by the appellants for issuance of copies of the statements. The learned Single Judge has in fact gone a step ahead and discussed the relevant provisions of law under the Act and made passive observations ..... X X X X Extracts X X X X X X X X Extracts X X X X
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