GORIA Vs. STATE

JUDGEMENT

(1.) THIS is a reference by the learned Additional Sessions Judge, Tonk recommending that the order of the City Magistrate, Tonk dated the 15th April, refusing to issue copies of statements of prosecution witness before the Police during the course of investigation to the accused under sec. 162 of the Criminal Procedure Code.

(2.) THE facts are that a case under secs. 452, 325 and 324 of the Indian Penal Code is Pending against the accused Goria, Chotia and Bansi before the City Magistrate, Tonk. After the charge had been framed against the accused, a date was fixed for further cross-examination of the prosecution witnesses under sec. 256 of the Criminal Procedure Code. THE accused applied to the City Magistrate a week before the date fixed for grant of copies of the statements of prosecution witnesses before the police for the purpose of further cross-examination. Learned Magistrate refused to grant such copies holding that copies could be furnished only when the witness is in the witness box and is under examination.