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Bombay High Court · body

2010 DIGILAW 100 (BOM)

Sunil Giridhari Harijan v. State of Maharashtra

2010-01-21

D.G.KARNIK

body2010
Judgment : ORAL ORDER: 1. Learned counsel for the applicant submits that though a test identification parade was held and a report thereof has been filed before the learned Magistrate, a copy of the report has not been furnished to the applicant. 2. Section 207 of the Code of Criminal Procedure (for short “the Code”) provides that the Magistrate shall without delay furnish to the accused copies of the police report and other documents mentioned therein. It reads thus: “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 subsection (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 subsection (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 subsection (5) of section 173: 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 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 only be allowed to inspect it either personally or through pleader in Court.” 3. Section 207 of the Code requires a Magistrate to furnish to the accused without any delay and free of cost copies of (i) the police report, (ii) the first information report recorded under section 154, (iii) the statements recorded under subsection (3) of section 161 of all persons, whom prosecution proposes to examine as witnesses, (iv) the confessional statements, if any, recorded under section 164 of the Code, and (v) any other document or relevant extract thereof forwarded to the Magistrate with the police report under subsection (5) of section 173 of the Code. An exception regarding furnishing of a copy is made in respect of documents mentioned in section 173(6) of the Code, where a request to that effect is made by the concerned police officer. When such a request is made, the Magistrate is required to consider the reasons given by the police officer for the request and then pass an order in accordance with the proviso to section 207. 4. In the present case, no such request was made by the police officer for non-furnishing of a copy of the test identification parade report. The Magistrate was therefore bound to furnish a copy of the test identification report to the applicant, who is an accused. 5. I am informed at the Bar that on many occasions, the Judicial Magistrates do not follow the provisions of section 207 of the Code and copies of all the documents mentioned in section 207 of the Code are not furnished to the accused immediately. In several other matters, it has come to my notice that full copy of even an F.I.R. is not given to the accused. A form has been prescribed in the State of Maharashtra for recording of an F.I.R. A copy of an F.I.R. so recorded is often not furnished to the accused but only a copy of the statement of the complainant, which forms part of the F.I.R., is furnished to the accused. This is not in accordance with law and a full copy of the F.I.R. and all other documents mentioned in section 207 of the Code are required to be furnished to the accused without any delay. 6. Section 238 of the Code casts a duty on the Magistrate to satisfy himself that he has complied with the provisions of section 207 of the Code. 6. Section 238 of the Code casts a duty on the Magistrate to satisfy himself that he has complied with the provisions of section 207 of the Code. It appears that this is often ignored and in many cases the Magistrates do not verify whether the requirement of section 207 of the Code is complied with. Hence, it has become necessary to issue general directions. 7. All the Judicial Magistrates working under this Court shall ensure the due compliance of sections 207 and 238 of the Code and shall ensure that the copies of all the documents in section 207 of the Code are furnished to the accused without any delay and as soon as possible as they are filed before him. 8. So far as the present case is concerned, I direct the concerned Magistrate to furnish forthwith to the applicant, or the advocate appearing on his behalf, a copy of the test identification parade report, if necessary by opening the seal if it has been furnished in a sealed cover. Compliance be reported to this Court by 28th January 2010. 9. Office shall communicate this order to the concerned Magistrate by fax through the District Court.