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2000 DIGILAW 43 (MP)

Bharat v. State of M. P.

2000-01-11

N.K.JAIN

body2000
ORDER N.K. Jain, J. 1. The short question involved in both these revisions is as to whether an accused person is entitled to receive copies of the statements of the witnesses recorded by the investigating officer in connection with inquest under Section 174 Cr.P.C. 2. In the instant cases, admittedly, statements of the prosecution witnesses were recorded twice, firstly, in connection with the inquest under Section 174 Cr.P.C., and then under Section 161 Cr.P.C., after registration of the crime. The learned Magistrate has declined prayer made by the accused applicants for supply of the copies of the former statements on the ground that an accused person is not entitled to receive such copies. Reliance has been placed on a Division Bench decision of this Court in Ashok Dubey (1980 MPLJ 300). 3. In Ashok Dubey (supra), although a passing remark is made by the Court regarding right of the accused to receive copies of the statements recorded under Section 174 Cr.P.C.. However, as made clear in the judgment, the question was not finally answered and left open to be decided in some other appropriate proceedings. It will be thus seen that the ratio in Ashok Dubey could not be pressed in service in refusing prayer of the accused persons for supplying copies of those previous statements. 4. The question again came up for consideration before the Division Bench of this Court in Cr.A. No. 219/89 (Mukesh Khati v. State of M.P.), Hon'ble Tiwari, J (as he then was) speaking for the Court dealt with the issue at length and after taking into consideration all the provisions of Chapter XII Cr.P.C. (Section 154 to 176) held that any statement recorded by the investigating officer under this chapter including Section 174 Cr.P.C., is squarely covered by Section 161 and the investigating officer is obliged to accompany such a statement with the report submitted to the Court under Section 173. It is further held that under Section 207 Cr.P.C., the police is obliged to supply copies of all such statements to the accused. 5. It will be thus seen that the accused applicants were entitled to receive copies of the statements of the prosecution witnesses recorded by the police in connection with inquest under Section 174 of the Code. The impugned orders are thus liable to be set aside and these revisions must succeed. 6. 5. It will be thus seen that the accused applicants were entitled to receive copies of the statements of the prosecution witnesses recorded by the police in connection with inquest under Section 174 of the Code. The impugned orders are thus liable to be set aside and these revisions must succeed. 6. Accordingly, these revisions are allowed and the Court below is directed to supply to the accused persons, copies of the statements of the prosecution witnesses recorded under Section 174 Cr.P.C. 7. This order be retained in Cr. Rev. No. 622/99, and a copy be placed in Cr. Rev. No. 2/2000.