STATE OF RAJASTHAN Vs. UKHRAM

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973, is directed against the order of the learned Addl. Sessions Judge No. 1, Alwar dated 8/5/1979.

(2.) THE police had submitted four challans before the Judicial Magistrate No. 1, Alwar. As the challans were not accompanied with copies of the documents to be supplied to the accused, the Magistrate returned these challans to the police. THE State feeling aggrieved against the order of the learned Magistrate preferred a revision petition before the learned Addl. Sessions Judge, Alwar. THE learned Additional Sessions Judge observed that in pursuance of Police Rule 8. 17 read with Section 173 (7) and Section 207, Cr. P. C. the police should have filed copies of the relevant documents along with the challan.

(3.) SECTION 207 of the Code of Criminal Procedure, 1972, provides that - "207. Supply to the accused of copy of police report and other documents In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following: - (i) the police report : (ii) the first information report recorded under section 154; (iii) the statements recorded under sub-section (3) of section 161 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub-section (6) of SECTION 173 ; (iv) the confessions and statements, if any, recorded under SECTION 164; (v) any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub-section (5) of SECTION 173; Provided that the Magistrate may, after pernsing any such part of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused: Provided further that if the Magistrate is satisfied that any document referred to in clause (v) is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will be allowed to inspect it either personally or through pleader in Court. "