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1 - 10 of 17 (0.26 seconds)The Code of Criminal Procedure, 1973
The Official Secrets Act, 1923
Supdt. And Remembrancer Of Legal ... vs Vimla Dassi And Ors. on 5 April, 1968
8. Another contention put forward by Dr. S.K. Tiwari is that in cases started on a police report only, it is the duty of the court to safety itself that the documents referred to in Section 173, Cr.P.C. have been furnished to the accused and that in cases started of the basis of the complaint toe accused cannot get copies of such document's including copies of statements of witnesses recorded under Section 161(3), Cr.P.C. in the course of police investigation. The above contention also has no substance, because it has been held by this Court in Bakhtawar Singh v. The State 1951 R.L.W. 186 and, that the accused has a right to ask for the copy of statement of a person who has been examined by the police during the course of investigation under Chanter XIV of the Code or Criminal Procedure if that person is produced as a witness for the prosecution at the trial and that it is immaterial in such cases whether the case has started upon the police reporter initiated on a complaint Asimilar has been taken in Dattari Das v. (sic) and The State of M.P. v. Ramdhan and Ors. I.L.R. 1961 M.P. 1050. also in Supdt. & Remembrancer Legal Affairs v. Vimla Dassi (supra).
Section 14 in The Official Secrets Act, 1923 [Entire Act]
Bakhtawar Singh vs State Of Punjab And Ors. on 6 October, 1970
8. Another contention put forward by Dr. S.K. Tiwari is that in cases started on a police report only, it is the duty of the court to safety itself that the documents referred to in Section 173, Cr.P.C. have been furnished to the accused and that in cases started of the basis of the complaint toe accused cannot get copies of such document's including copies of statements of witnesses recorded under Section 161(3), Cr.P.C. in the course of police investigation. The above contention also has no substance, because it has been held by this Court in Bakhtawar Singh v. The State 1951 R.L.W. 186 and, that the accused has a right to ask for the copy of statement of a person who has been examined by the police during the course of investigation under Chanter XIV of the Code or Criminal Procedure if that person is produced as a witness for the prosecution at the trial and that it is immaterial in such cases whether the case has started upon the police reporter initiated on a complaint Asimilar has been taken in Dattari Das v. (sic) and The State of M.P. v. Ramdhan and Ors. I.L.R. 1961 M.P. 1050. also in Supdt. & Remembrancer Legal Affairs v. Vimla Dassi (supra).
Section 3 in The Official Secrets Act, 1923 [Entire Act]
Ramendra Singh vs Mohit Choudhary And Ors. on 22 April, 1969
5. The common question hat arises for determination in all these criminal revisions is whether the accused persons have a right to the grant of copies of the documents referred to in Section 173 of the old Criminal Procedure Code even in cases initiated en complaints but in which there were previous investigations by the police under Chapter XIV of the Code and the accused bad not been challenged Dr. S.K. Tiwari appearing on behalf of the State has strenuously urged before me that the accused persons are not entitled to copies of statements recorded during the course of investigation in cases which ate not started on a police report and that the accused being tried by the court on the basis of complaint, no tight does accrue to them to get copies of all the documents relied upon by the prosecution. Dr. Tiwari has relied upon an authority of the Calcutta High Court Ramendra Singh v. Mohit Choudhary , in support of his above proposition wherein the following observations have been made: