Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2018 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (1) TMI 1700 - HC - Indian LawsLegal obligation to supply copies of documents to the accused - whether accused is entitled to copies of documents at the pre-charge evidence stage in a warrant case instituted on a private complaint? - violation of principles of natural justice - HELD THAT:- The Criminal Procedure Code makes a clear distinction between cases instituted on a police report and those instituted otherwise than on police report in the matter of supply of copies of documents relied upon by prosecution. In respect of a case instituted on a police report special provisions were made in Section 173(4) and Section 251A(1) for furnishing copies of documents to the accused by the Code of Criminal Procedure (Amendment) Act 1955 but no such corresponding provision was made in cases instituted on a private complaint by virtue of which it can be said that the complainant is bound either by an express provision of law or by necessary implication to furnish to the accused copies of documents produced by him along with the complaint or relied upon in support thereof - It cannot be said that non supply of copies of documents to the accused at the pre- charge stage will be prejudicial to his interest since it is open to the accused to look into the documents and cross-examine the witnesses before charge if necessary. The ratio of the Judgment of the Supreme Court in Melwani's case [1968 (10) TMI 49 - SUPREME COURT] appears to be that the legislature has consciously provided two distinct procedures for trial of two different categories of cases depending upon their origination on the police report or otherwise. The procedure which is prescribed for cases originating on a police report and more particularly the provision of Section 173(4) of the Code cannot be introduced or extended to the trial of the other category of cases which are instituted on a private complaint - It is legally impermissible to extend the provisions of Section 173(4) Cr.P.C. to a case instituted on a private complaint. Mr. Mukherjee could not refer to any provision in the Criminal Procedure Code or any authority by virtue of which the accused would be entitled to copies of documents at the pre-charge evidence stage in a case instituted on a private complaint. Evidently the provisions of Section 294 are not apposite for the issue in hand - the impugned order is not sustainable and is liable to be set aside - Petition allowed.
|