A N LEWIS Vs. STATE

JUDGEMENT

(1.) The qi.ie^iion for determination in this case is whetther an accused person is entitled to the benefit of section 173(4) of the Criminal Procedure Code (hereinafter to be called theCode) and copies of documents referred in section 173(4) arc to be made available to him when cognizance is taken of a complaint filed in pursuance of the provisions of section 190(1) (a) of the Code in a case where prior to the filing of the complaint investigation under Chapter XIV of the Code was done but where no report was filed under section 17.3(1). Relevant facts for settling the question are as under :-

(2.) Shri K. Raman, Deputy Chief Controller of Imports and Exports (herein to be called the complainant) filed a cumplaint againtst A. N. Lewis and another in the court of Shri Lokeshwar Prasad. Judicial Magistrate lit Class, Tis Hazari. De'hi. on. 26th of February. 1973, [ under section 120-B read with section 5 of the Imports and Exports Control Act and section 420 Indian Penal Code .. sections 420, 468 and 471 Indian Penal Code . Prior to the filing of the complaint, F.I.R. was registered by the C.B.I, authorities and enquiries were made in the matter by the police. The result of the said enquiries was made available to the complamant, who taking advantage of the same filed the present complaint. After the accused person had put in appearance In court, the petitioner through his counsel moved an application dated 30th March, 1973, requesting that. a direction be issued to the complainant to supply to the accused copies of the statements of the witnesses recorded by the police during the course of investigations, and of the other documents relied upon by the complainant. The learned Magistrate relying upon a judgment of M. R. A. Ansari J. in Criminal Revision No. 256 of 1972 in re: Joint Chief Controller of Imports and Exports v. M. L. Gupta and others decided on 5th December, 1972, rejected the application holding that the accused persons were not entitled to the supply of the copies of documents referred to under section 173(4) of the Code before the Commencement of the trial except the copy of the complaint and the list of witnesses which had already been furnished to them.

(3.) Feeling aggrieved by the aforesaid order the petitioner filed the present petition under section 561-A of the Code read with section 439 and Article 227 of the Constitution which was registered as Criminal M (M) 138 of 1973. The matter came up for hearing on 24th July, 1973 when Shri R. L. Mehta learned counsel for the respondent raised an objection to the maintainability of the petition, on the ground that the powers exercisable by this court under section 561-A were not attracted in the instant case as no direction was required to be given in the interest of justice. The invoking of the provisions under Article 227 of the Constitution was questioned, alleging that the juris diction of the trial court was not disputed.