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1996 DIGILAW 855 (MP)

Sadhvi Ritutnbhara v. State of M. P.

1996-09-24

J.G.CHITRE

body1996
ORDER 1. This revision petition is being decided finally at this stage for the purpose of removing obstruction to the hearing of the trial. 2.The grievance of the petitioner is that she has not been provided with the copies of audio/video cassettes of the public address which is the subject-matter of prosecution pending against her in the Court of J.M.F.C. Bagli. An application making such prayer was moved by the petitioner on 30th November 1995 before the trial Court. The trial Court rejected that application by holding that the machinery required for preparing the copies of said audio-video cassettes is not available in the Court. 3. During the course of argument Shri Desai submitted that for the purpose of over-coming the difficulty which has been expressed by the Court, the Government would be asking the Special Squad functioning at Bhopal to come to Bagli and prepare copies of audio-video cassettes, in the interest of justice. 4. Section 173 (5) of Criminal Procedure Code, 1973 (hereinafter referred to as the Code for convenience) provides that "when such report (report under section 173 of the Code) is in respect of a case to which section 170 applies, the police officer shall forward to the Magistrate along with the report: (a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation : (b) statements recorded under section 161 of all the persons whom the prosecution proposes to examine as its witnesses. . 5. Section 207 of the Code provides that "in any case where the proceeding has been initiated 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 confession 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. 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 confession 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. It has been provided that the Magistrate may, after perusing 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 any copy of that part of the statement or of such portion thereof as the magistrate thinks proper, shall be furnished to the accused. It has been further provided 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 only be allowed to inspect it either personally or through pleader in Court. 6. It is true that no Court has been provided with the facility or instruments by which it can hear the statements recorded in audio-video cassettes. The society progressed and has modem amenities and facilities available. The State Government should have made arrangements to provide the Courts and prosecuting agency with such facilities and amenities for the purpose of keeping pace with the society which is progressing. Unfortunately that has not been done till today and, therefore, this difficulty has arisen which prevented the trial Court from giving copies of aucjio-video cassettes which are the cassettes of alleged public address of the petitioner which is the subject-matter of prosecution which she is facing. This Court hopes that Government would take necessary immediate steps in this context so as to equip the Courts with modem facilities and amenities which are necessary for the purpose of recording, hearing the evidence and appreciating it. for the purpose of decision of the matter pending before the Courts. 7. The provisions of sections 173 and 207 of the Code will have to be read together for the purpose of deciding this revision petition. for the purpose of decision of the matter pending before the Courts. 7. The provisions of sections 173 and 207 of the Code will have to be read together for the purpose of deciding this revision petition. The order of sanction indicates that the said alleged public address of the petitioner is subject-matter of the prosecution which is pending against her and on some statements of the said public address prosecution is relying for proving the guilt of the present petitioner In that prosecution. The Government should not have any objection for the purpose of providing the copies of said video and audio cassettes to the accused in respect of said trial and it appears that Government is ready to provide necessary facilities and amenities in this context so as to provide copies of said public address audio-video cassettes to the petitioner, in the interest of Justice. Proviso to section 207 provides that if the document or documents which are coming within the ambit of subsection (v) of section 207 of the Code is or are voluminous, the Court can direct the accused or his Advocate to have inspection of such document or documents. This provision has been made for the purpose of over-coming the difficulty which can be caused if the document on which the prosecution places reliance for proving the guilt of the accused happens to be voluminous. Thus, keeping in view the spirit of the legal provision, the Court should have directed the prosecution to make available all necessary facilities and amenities for the purpose of preparing copies of audio-video cassettes of the said public address. In such cases the Court should take a appropriate decision for the purpose of implementing the spirit of concerned legal provisions for the purpose of achieving the goal of fair and speedy trial to the accused and the prosecution. 8. Thus, in view of the discussion above, this revision petition is allowed. The State of Madhya Pradesh is hereby directed that it should instruct its officers to make necessary arrangements to bring all necessary instruments for the purpose of preparing the copies and said audio-video cassettes of said alleged public address of petitioner which is the subject-matter of prosecution which is pending before Judicial Magistrate First Class, Bagli which has given rise to this revision petition. It should be done as early as possible for the purpose of avoiding the delay in decision of the said prosecution. For the purpose of ensuring proper copies of said audio-video cassettes and for the purpose of removing the possibility of any dispute in respect of correctness of the copies, the trial Court is hereby directed to appoint an officer of the Court in whose supervision the said copies would be prepared by the Special Squad which is functioning at Bhopal, as disclosed by Shri Desai, learned Govt. Advocate. This process be completed within a month. If circumstai1ces demand the trial Court should extend this time limit suitable to the hearing of the trial. Certified copy of this order be given to the parties on payment of necessary charges.