Section 172(2) in The Code of Criminal Procedure, 1989 (1933 A. D.)
(2)Any Criminal Court may send for the police diaries of a case under inquiry or trial in such Court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial. Neither the accused nor his agent shall be entitled to call for such diaries, nor shall he or they be entitled to' see them merely because they are referred to by the Court ; but, if they are used by the police officer who made them, to refresh his memory, or if the Court uses them for the purpose of contradicting such police officer, the provisions of the Evidence Act, 1977, section 161 or section 145, as the case may be, shall apply.
