058-NLR-NLR-V-77-S.-SARAVANAI-Petitioner-and-OFFICER-IN-CHARGE-POLICE-STATION-FORT-Responden.pdf
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Saravanai v. O. I. C., Police Station, Fort
Present: Deheragoda, J.
S. SARAVANAI, Petitioner, and OFFICER-IN-CHARGE,POLICE STATION, FORT, Respondent
S. G. 228/72—Application for a Writ of Mandamus
Criminal Procedure Code—Section 122A(l)—Complaint made by a police officerconcerning a cognizable offence—Right of accused to apply for a certified copyof it—Mandamus.
Even if the first complaint concerning the commission of a cognizable offencehas been made by a police officer who detected the offence, the accused personis entitled to apply under section 122A(1) of the Criminal Procedure Codefor a certified copy of the police officer’s statement. 1
1 (19t>2) 54 N. L. R. 225.* (I960) 63 N. L. R. 188.
* 11963) 64 N. L. R. 529.* (1967) 73 C. L. W. 41 ; 74 N. L. R. 25.
DEHERAGODA, J.—Saravanai v. O. I. O., Police Station, Fort
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Application for a WTit of mandamus.
C. Siva Cumaran, for the petitioner.
Respondent absent and -unrepresented.
June 2, 1972. Deheragoda, J.—
This is an application by the petitioner for a writ of mandamus undersection 42 of the Courts Ordinance against the Officer-in-Charge, PoliceStation, Fort, Colombo. Notice has been served on the respondentbut he is not present.
Learned counsel for the petitioner states that the petitioner is theaccused in case No. 48413 of the Joint Magistrate’s Court, Colombo,and that proceedings have been instituted against him for an offenceunder Section 157 of the Penal Code. The petitioner has on 26.3.72applied for a certified copy of the first complaint and it has been refusedby the respondent on the ground that the petitioner is “ not entitledto the first complaint as there is no first complaint
Learned counsel for the petitioner says that judging from the verynature of the offence the first information would have been given by apolice officer. He cites Section 122A(1) of the Criminal ProcedureCode and the case of Panditaratne v. Assistant Superintendent of Police,Kegalle 1 according to which decision even if the first complaint has beenmade by a police officer the petitioner is entitled to a certified copyof it.
I therefore direct the respondent to furnish a certified copy of thefirst complaint made in relation to this case even though it might havebeen a statement made by the police officer who detected the offence.
Application allowed.