RAJAT KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Sri Giridhar Nath, learned Counsel for C.B.I, is present. On instruction he submits that the C.B.I. upon conclusion of investigation has submitted final report. It may be noted that keeping in view the gravity of the matter, the Court directed the C.B.I. to make a thorough investigation and take appropriate action in accordance with law.

(2.) In a criminal case arising out of police report, the Investigating Officer upon conclusion of investigation submits the case diary to the Court concerned. The case diary is the property of the Court and except the presiding officer, the Counsel appearing for the parties have no right to go through the same. The case diary contains the steps taken in the investigation, confidential report of the Investigating Officer and many other matters. The accused is only entitled to get the copy of that part of the case diary as mentioned in Sec. 207 (3) Criminal Procedure Code It has, however, come to the notice of the Court that the accused persons by hook or crook are being able to obtain copy of the entire case diary including those entries, copy of which would not have been supplied to them. Such copies are either supplied by the police of the concerned police station or by the staff of the Subordinate Court in possession of the case diary. The-accused persons take benefit of the confidential report and other entries made in the case diary and ultimately, it affects the prosecution case. Supply of copy of entire case diary in a clandestine manner either by the police or staff of the Subordinate Court amounts to corruption. So, to check such corruption at lowest level in the justice delivery system, direction was given to C.B.I. to investigate as to how copies of the entire case diary are made available to the accused and to bring the corrupt public servants to book. But the C.B.I. which it is said in an effective investigating agency did not give importance to such matter perhaps being of the opinion that it is a very small issue which need not be investigated thoroughly and accordingly, submitted final report. This action of the C.B.I. will encourage corrupt officials in the justice delivery system and without any fear copies of the case diary will be supplied to the accused in a regular manner. If the investigating agency does no show its anxiety and submits final report, judiciary alone cannot be able to check corruption. In the circumstances. I have no other option but to close the matter.

(3.) The criminal misc. application is disposed of finally. Application Disposed Of.