NARENDRA RAJPUT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present petitions are against the rejection order dated 25.06.2018 passed by respondent No.5 In-Charge Officer, Copying Section, Pithoura in administrative capacity whereby certain documents which were filed during the course of Police report were sought pursuant to a criminal complaint and those documents were denied to be supplied by respondent No.5 on the ground that the cognizance has not been taken by the Court.

(2.) It is contended by the petitioners that a complaint u/s 200 Cr.P.C., was filed by respondent No.6, who is said to be a journalist wherein certain allegations have been made against the petitioners. It is stated that after filing of the complaint, the Magistrate has called for police report. The police subsequently filed the reports on 07.07.2016 & 11.01.2017 and after investigation it was reported that no offence is made out against the petitioners. However, the Magistrate was not satisfied with the report and again called for police report. Subsequently the FIR was lodged by the Police on 11.06.2018 and thereafter the petitioners sought for documents on the basis of which the offence was alleged to have been arisen. The said documents were not supplied on the ground that the cognizance has not been taken by the Court, therefore, the rejection of supply of documents is uncalled for.

(3.) Learned counsel for the petitioners submits that the court below i.e., Incharge Officer, Copying Section, Pithoura has completely misread the provisions of pre-cognizance and postcognizance qua section 200 of the Code of Criminal Procedure. It is stated that though the cognizance was taken u/s 200 Cr.P.C., by calling the reports from the police thrice, but the Presiding Officer could not have directed for registration of FIR and in order to avoid the supply of documents and overcome its procedural lacuna called for the police report on repeated occasions. He placed reliance in Ramdev Food Products Pvt. Ltd. Vs. State of Gujarat, 2015 6 SCC 439 and would submit that the documents once become part of the public documents, there cannot be any denial for supply of the same.