IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 8TH SEPTEMBER 2010 / 17TH BHADRA 1932 WP(C).No. 27899 of 2010(Q) --------------------------------------- SC. NO.224/1994 OF IST ADDL. ASST. SESSIONS COURT, THIRUVANANTHAPURAM. ........... PETITIONER(S): ----------------------- G.RADHAKRISHNAN, AGED 45 YEARS, S/O.GANGADHARAN, PAZAVAR HOUSE, POONTHURA WARD, MUTTATHARA VILLAGE. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE RESPONDENT(S): ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY GOVT. PLEADER SRI.P.A.SALIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C).No. 27899 OF 2010 =========================== Dated this the 8th day of September,2010 JUDGMENT As per order dated 26.11.2009 the Additional Sessions Judge was directed to get the missing statements of the prosecution witnesses recorded under section 164 of Code of Criminal Procedure by Judicial First Class Magistrate-III,Thiruvananthapuram reconstructed and then issue copies of statements to the defence and if necessary to the Public Prosecutor and proceed with the trial in accordance with law. The missing statements were reconstructed using photocopies of the statements made available. A copy application was filed by the second accused for certified copy of the reconstructed statements. By Ext.P3 order learned Additional Assistant Sessions Judge refused to issue the certified W.P.(C)27899/2010 2 copy on the ground that there is no direction by this court to issue certified copy of the missing statements and the statements were reconstructed using photocopy of the original statement. The reasons are unjustifiable. 2. Ext.P1 order directs the Sessions Judge to issue copies of the statements reconstructed to the accused. Hence the rejection of the copy application is illegal. In such circumstances, Ext.P3 order is quashed. Additional Assistant Sessions Judge, Thiruvananthapuram is directed to issue certified copies of the reconstructed statements applied for by the petitioner. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006