STATE OF M P Vs. RAMADHIN BANSDHARI KURAI

JUDGEMENT

(1.) THE Additional Sessions Judge, Jabalpur, has made this report Under Section 438, Criminal Procedure Code, for setting aside the order of Magistrate First Class, Mandla, rejecting the prayer of certain accused persons, who have been prosecuted for offence Under Section 26 of the Forest Act, for grant of copies of statements of the prosecution witnesses, recorded during investigation.

(2.) THE offences for which the accused persons, Ramadhin, Motilal and sole, are being prosecuted, are offences Under Section 26 (l) (f) and (g) of the Forest Act. In respect of these very acts of the accused persons, for which they are being prosecuted, a report had been made to the police, who had held investigation, but did not put up a charge sheet. The Range Officer, Mandla, however, filed a complaint alleging commission of offences mentioned above, and it is this complaint which is being enquired into by the Magistrate First Class, Mandla.

(3.) THE accused persons applied for being granted copies of statements of witnesses, recorded by the police during investigation, and later by the Forest Authorities. The learned magistrate held that since the cognizance was not taken on police report, but on complaint filed by the Range Officer, copies of statement of witnesses, recorded during investigation, could not be supplied.