LOTAN BHOJI PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is a reference by the learned Sessions Judge, Dhulia, recommending not only that the order of Judicial Magistrate, First Class, Shirpur, regarding the production of documents be quashed but also that the learned Magistrate 'be directed to issue summons under Section 94 of the Criminal Procedure Code to the Superintendent of Police, Dhulia, the District Magistrate, Dhulia and the Home Minister, Maharashtra State, Bombay, requesting them to depute their clerk and to produce the statements recorded by Thalner Police Station on 7-41972, 16-4-1972, 17-4-1972 and 10-5-1972.

(2.) SOME 12 accused of village Hisale taluka Shirpur District Dhulia, were prosecuted for offences committed under Sections 7 (c), 4 (iv) and 7 (b) of the Untouehability (Offences) Act, for having committed offences on 10-4-1972 and 11-4-1972. It appears that an application was made by some Harijans of the village on 15-4-1972 to the District Superintendent of Police, to the District Magistrate and also to the Chief Minister, complaining about the offences committed by all these 12 accused. The D. S. P. appears to have forwarded the application to the P. S. I. Thalner for necessary action. As a result of this forwarding of the application, a formal complaint from one Narayan was recorded on 30-5-1972 at Thalner Police Station. He was one of the signatories to the application dated 15-4-1972 which was received by the D. S. P. After necessary investigation and recording of statements of witnesses, a charge-sheet was sent against the accused.

(3.) THE accused were supplied with copies of statements of witnesses recorded after the offence was registered on 30-5-1972 and on which the prosecution relied. The accused, however, have filed an application in the Court pointing out that Thalner Police had recorded statements of the Harijans and other witnesses on 16-4-1972 and 17-4-1972. They claimed for copies of those statements and therefore they requested that those statements should be supplied to them for the purpose of giving them a fair opportunity in their defence. This was an application under Section 94 of the Criminal Procedure Code.