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2017 (4) TMI 1466 - SC - Indian LawsSeeking to submit some key and relevant documents by applicant - copies of certain pages of Police diary maintained Under Section 172 of the Code of Criminal Procedure, 1973 - application was opposed by the Appellant herein/complainant on the ground that the fresh documents cannot be allowed to be produced by the Accused at the premature stage of trial and it is always open for the Accused to produce, such documents during the stage of recording of statements of the Accused Under Section 313, Code of Criminal Procedure - HELD THAT:- It is evident from Sub-section (2) of Section 172 Code of Criminal Procedure, that the Trial Court has unfettered power to call for and examine the entries in the police diaries maintained by the Investigating Officer. This is a very important safeguard. The legislature has reposed complete trust in the Court which is conducting the inquiry or the trial. If there is any inconsistency or contradiction arising in the evidence, the Court can use the entries made in the diaries for the purposes of contradicting the police officer as provided in Sub-section (3) of Section 172 of Code of Criminal Procedure. It cannot be denied that Court trying the case is the best guardian of interest of justice. Coming to the use of police diary by the Accused, Sub-section (3) of Section 172 clearly lays down that neither the Accused nor his agents shall be entitled to call for such diaries nor he or they may be entitled to see them merely because they are referred to by the Court. But, in case the police officer uses the entries in the diaries to refresh his memory or if the Court uses them for the purpose of contradicting such police officer, then the provisions of Sections 145 and 161, as the case may be, of the Evidence Act would apply. The right of the Accused to cross examine the police officer with reference to the entries in the police diary is very much limited in extent and even that limited scope arises only when the Court uses such entries to contradict the police officer or when the police officer uses it for refreshing his memory and that again is subject to provisions of Sections 145 and 161 of the Indian Evidence Act. Thus, a witness may be cross-examined as to his previous statements made by him as contemplated Under Section 145 of the Evidence Act if such previous statements are brought on record, in accordance with law, before the Court and if the contingencies as contemplated. The police diary is only a record of day to day investigation made by the investigating officer. Neither the Accused nor his agent is entitled to call for such case diary and also are not entitled to see them during the course of inquiry or trial. The unfettered power conferred by the Statute Under Section 172 (2) of Code of Criminal Procedure on the court to examine the entries of the police diary would not allow the Accused to claim similar unfettered right to inspect the case diary. Thus, it is clear that the denial of right to the Accused to inspect the case diary cannot be characterized as unreasonable or arbitrary. The confidentiality is always kept in the matter of investigation and it is not desirable to make available the police diary to the Accused on his demand - Since in the matter on hand, neither the police officer has refreshed his memory with reference to entries in the police diary nor has the trial court used the entries in the diary for the purposes of contradicting the police officer (PW-15), it is not open for the Accused to produce certain pages of police diary obtained by him under the provisions of Right to Information Act for the purpose of contradicting the police officer. The High Court is not justified in permitting the Accused to produce certain pages of police diary at the time of cross examination of PW-15/Investigating Officer - appeal allowed.
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