IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.09.2009 CORAM: THE HONOURABLE MR.JUSTICE R.REGUPATHI Crl.O.P.No.18642 of 2009 & M.P.No.1 of 2009 A.Loganathan ... Petitioner/ Accused No.1 Versus State by Inspector of Police, CB CID Kancheepuram Kancheepuram District. ... Respondent/ (Crime No.2108) Complainant Prayer: Petition filed under Section 482 Cr.P.C seeking for the relief to direct the learned District Munsif cum Judicial Magistrate at Thirukzhukundram to furnish the documents sought under section 207 Cr.P.C. Exhibits P3 to P18 and any other documents relied upon by the prosecution in C.C.No.121 of 2008 on his file before examining any further witnesses. For Petitioner : Mr.S.Ananhanarayanan For Respondents : Mr.N.R.Elango, A.P.P. O R D E R The petitioner is an accused for the offences punishable under sections 468 and 120B IPC. Pending trial of the case, witnesses were examined and several documents were marked without furnishing copy of the same to the petitioner. When an objection has been raised and a petition was filed seeking for those documents, it was declined by the order dated 23.7.2009 and aggrieved against that the present petition has been preferred before this Court. 2. Learned counsel for the petitioner submits that without supply of copies under section 207 Cr.P.C., the petitioner could not cross examine the witnesses and therefore, seeks for supply of the documents relied on by the prosecution. 3. Learned Additional Public Prosecutor submits that it is the bounden duty of the prosecution to supply prosecution materials and it will be supplied, if not supplied. 4. I have perused the materials available on record and heard the submissions on either side. 5. It is unfortunate that the learned Magistrate has come https://hcservices.ecourts.gov.in/hcservices/ to a conclusion that those documents, which has been filed before the court and relied on and marked by the prosecution, need not be given to the petitioner, since it is not listed documents in the charge sheet. The reason assigned by the learned Magistrate is erroneous, illegal and contrary to the provisions and against the spirit of 207 Cr.P.C. Therefore, the order passed by the learned Magistrate is set aside and it is directed that all the documents and materials relied on by the prosecution shall be furnished to the accused before the conclusion of the trial. The witnesses also may be recalled for cross examination after furnishing copies. 6. This Criminal Original Petition is ordered accordingly. Consequently, connected miscellaneous petition is closed. Sd/- Asst. Registrar /True Copy/ Sub. Asst. Registrar rj To 1. The District Munsif cum Judicial Magistrate, Thirukzhukundram. 2. The Inspector of Police, CB CID Kancheepuram Kancheepuram District. 3. The Public Prosecutor, High Court, Chennai + 1 cc to Mr.S.Ananthanarayanan, Advocate, SR.45030. Crl.O.P.No.18642 of 2009 RJ (CO) A.S./ 16.09.2009 https://hcservices.ecourts.gov.in/hcservices/