Prayer
Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the Learned Additional Chief Metropolitan Magistrate, Economic Offences – II, Egmore, Chennai to grant certified copies of the complaint along with supporting documents filed in CC Nos. 95 to 103 of 2019.
Compliance of section 204 (3) Cr.P.C is mandatory
5. Considering the submissions and on perusal of materials, it is seen Section 204(3) of Crl.P.C. is very specific that along with the summons, the copy of the complaint shall be accompanied, which this Court had time and again reiterated. Further, as per Section 25(4) of Criminal Rules of Practice, where a private complaint is filed before the concerned court, it shall be accompanied as many copies of complaint and relied upon the document as similar to the number of accused in the case. This is for the purpose that each of the accused to be furnished with the copy of complaint and documents. Further, as per Sec. 29(3) of Criminal Rules of Practice, where proceedings have been initiated upon a complaint by a public servant, the complaint shall accompany the summons. In this case, the Registrar of Company, a Public Servant has lodged a complaint. In view of the same, this Court finds that rejection of copy of complaint by the learned Addl. Chief Metropolitan Magistrate, E.O.II, Egmore, Chennai is not proper. In view of the same, the petitioner is entitled for a copy of the complaint as per Section 204(3) of Cr.P.C. The Trial Court is directed to furnish the petitioner with the copy of the complaint. The petitioner to resubmit the returned copy application or file a fresh copy application to the Trial Court, who shall furnish the same.
Dalmia Bharat Ltd. Vs. The Registrar of Companies, Chennai – Crl. O.P. No. 14660 of 2021 – Decided On: 24.08.2021 – Hon’ble Judge Justice M. Nirmal Kumar, J.
https://www.mhc.tn.gov.in/judis/index.php/casestatus/viewpdf/600570
