AVINASH KUMAR Vs. STATE

JUDGEMENT

(1.) This is a Criminal Reference by the Additional Sessions Judge of Muzaffarnagar with the recommendation that the order dated 26-6-1962 of the Magistrate be set aside and he be directed to furnish copies of the statements of witnesses recorded under Section 161 Cr. P. C. to the accused person.

(2.) Chamanlal Nagpal made a report with the police of district Saharanpur alleging that the applicant, Srimati Avinash Kaur had committed offences punishable under Sections 406 and 409, I.P.C. The offences were investigated by the police but no chargesheet was submitted. Thereafter Chamanlal Nagpal moved a criminal complaint before the Magistrate at Saharanpur which has since been transferred to Muzaffarnagar. The complaint is at present pending for hearing before Sri P. C. Misra, Magistrate, 1st Class, Muzaffarnagar.

(3.) Srimati Avinash Kaur wanted to utilise the statement recorded by the police under S. 161, Gr. P. C. for cross-examining the complainant and his witnesses and with that aim. in view moved an application for the summoning of the case diary pertaining to this csse. The case diary was not received on the date the criminal case was taken up. She naturally wanted adjournment of the cross-examination of witnesses till the case diary was received. There was an implied requirement that copies of statements recorded under Section 161, Cr. P. C. be furnished to her to enable her to cross-examine the complainant and his wit-' nesses. An objection was raised by the complainant that no such copies could be furnished to the accused and the-trial was to proceed without summoning the case diary. The Magistrate has under the impugned order dated 26-6-1962 disallowed the request for adjournment on the ground that there was no provision under which copies of statements recorded under S. 161, Cr. P. C. were to be furnished to the accused