HAJI MOHAMMED Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed, challenging the order passed by the Court below, dismissing the petition filed by the petitioners under Sec. 91 of Crl.P.C, seeking for the production of the "General Diary" [GD] maintained by the respondent Police.

(2.) The petitioners are facing trial before the Court below for an offence under Sec. 302 of IPC. The prosecution had examined all the witnesses on their side and the Investigating Officer was examined on 18.07.2018. At that point of time, the petitioners filed a petition for a direction to the respondent Police to produce the General Diary covering the period from 11.5.2013 to 11.5.2014. This petition has been dismissed by the Court below solely on the ground that the same cannot be used as an evidence, in view of the Bar under section 172 of Crimial P.C. 1973

(3.) The learned counsel for the petitioners would submit that the General Diary was required in order to effectively cross examine the Investigating Officer. The learned counsel would further submit that the bar contained under section 172 of Cr.P.C , 1973is applicable to only a Case Diary and not to a General Diary, and the Court below misdirected itself in dismissing the petition filed by the petitioners. The learned counsel would further submit that denying the petitioners an opportunity to effectively cross examine the Investigating Officer by placing reliance on the General Diary, results in an unfair trial.