SUPERINTENDENT AND REMEMBRANCER OF LEGAL AFFAIRS WEST BENGAL Vs. SATYEN BHOWMIK
LAWS(CAL)-1970-2-20
HIGH COURT OF CALCUTTA
Decided on February 24,1970

SUPERINTENDENT AND REMEMBRANCER OF LEGAL AFFAIRS, WEST BENGAL Appellant
VERSUS
SATYEN BHOWMIK Respondents

JUDGEMENT

R.N.Dutt, J. - (1.) An enquiry under Chapter XVIII of the Code of Criminal Procedure is pending against the opposite parties before a Presidency Magistrate under various sections of the Official Secrets Act, On an application on behalf of the prosecution under Section 14 of the Official Secrets Act the learned Magistrate made an order on April 28, 1969, excluding the public during the trial.
(2.) On November 19, 1969, opposite party No. 12 filed an application before the Magistrate for "copies of deposition of the witnesses" and opposite party No. 16 filed an application for 'copies and for permission to inspect the records and take necessary notes". The learned Magistrate considered these applications and passed an order on November 22, 1969, allowing them under Section 548 of the Code "to take copies of depositions and other documents on payment of proper fees". The State has thereafter obtained this Rule against this order of the learned Magistrate.
(3.) Mr. Roy appearing on behalf of the State first contends that the commitment enquiry has just started and only a few witnesses have been examined or, in other words, no trial has yet commenced and no "judgment" has as yet been "passed" by the learned Magistrate and so, Section 548 of the Code is not attracted at this stage.;


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