RAM SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and the State.

(2.) PETITIONERS have filed this application stating therein that the case has been commited without giving him police record and papers as required under the law. As far as that part of the order is concerned, this Court finds that it is completely illegal and no commitment has taken place before giving the petitioners the copies of the diary, record or other documents as required under Sec. 207. of the Code of Criminal Procedure.

(3.) I find that the court below has not recorded any order regarding the prayer made on behalf of the petitioners. I, thus, direct that the court below should hear the petitioners, the opposite party and the State with respect to the submission that the video recording of the witnesses should be submitted in the court and thereafter the Court may decide as to whether it would be essential and necessary to handover the same alongwith police record to the petitioners. The court will decide this matter after taking into consideration the case of Sadhvi Ritumbhara vs. State of Madhya Pradesh [1997(2) Cr.L.J. 1232].