STATE OF KERALA Vs. AHAMAD

JUDGEMENT

(1.) This is a petition by the State against the order of the Additional Sub-Magistrate, Kozhikode, rejecting the prayer made by the Prosecutor to accept a record in evidence in a preliminary enquiry proceedings before him.

(2.) The case is one where six accused persons were charged by the police for the offences of rioting, trespass, mischief by fire, etc. The preliminary enquiry had not yet started.

(3.) On 5-12-1959 when the case stood posted for evidence and all the necessary witnesses were present, the Assistant Public Prosecutor put in a report to accept in evidence a ration card issued to witness No. 2 in the charge whose residential house was alleged to have been sot fire to by the accused. The prayer was objected to by the defence on the ground that it was not a record seized by the police and no witness was questioned by the police regarding it and a copy of the record was not furnished to the accused. The objection was upheld and the record was not allowed to be produced and proved. The learned Magistrate was of the view that production of the record without making any reference to it whatsoever at the time of the filing the charge sheet is against the spirit of S.173 [4] and 163 [2] of the Criminal Procedure Code Reliance was also placed on the decision of the Madras High Court reported in AIR 1957 Mad. 466 . The learned Magistrate was also of the view that the accused would be highly prejudiced by the belated production of the document.