Section 172 in The Code of Criminal Procedure, 1973
172. Diary of proceedings in investigation.
(1) Every police officer making an investigation under this Chapter ... shall be a volume and duly paginated.] [Inserted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), Section 15.] (2) Any Criminal
recorded under Section 172.
At this juncture it would be necessary to take note of sub
section (3) of Section 172 which provides that neither ... police was made available to
the accused. Under Section 172 of the Criminal
Procedure Code, every police officer making an
investigation has to record
could make of these
diaries was the one allowed by section 172 , Criminal Procedure Code, i.e.,
during the trial he could get assistance from ... Form no. 82) which is
the diary prescribed in section 172 of the Criminal Procedure Code. It will
bear the number of the First Information
conjointly and homogenously. It is evident from Sub-
section (2) of Section 172 Code of Criminal Procedure,
that the Trial Court has unfettered power ... police
officer as provided in Sub-section (3) of Section 172 of
Code of Criminal Procedure. It cannot be denied that
Court trying the case
could make of these diaries was the
one allowed by section 172 , Criminal Procedure
Code, i.e., during the trial he could get assistance
from ... could make of these diaries was the
one allowed by section 172 , Criminal Procedure
Code, i.e., during the trial he could get assistance
from
Lastly, The Ld. Trial Court failed to appreciate that
section 172 read with section 91 Cr.P.C. empowers the court
to summon case diaries ... shall apply.
7. It is evident from sub-section (2) of Section 172 Cr.P.C., that
the Trial Court has unfettered power to call
opinion that the provision embodied in sub-section
(3) of Section 172 CrPC cannot be characterised as unreasonable or
arbitrary. Under sub-section ... contradicting the police
officer as provided in sub-section (3) of Section 172 CrPC. Ultimately
there can be no better custodian or guardian
Section 172(3) of
the said Act. Learned counsels have also relied upon Sections 153 ,
173 and 210 of the Code of Criminal Procedure ... Section 145 of the
Indian Evidence Act for deciding the issue involved:-
" Section 172 of the Code of Criminal Procedure, 1973
172. Diary
Parliament to
amend Section 172 and by Act 5 of 2009, sub-sections
(1A) and (1B) of Section 172 of Cr.P.C., came ... reads as under:
CASE DIARY
"1368. (i) Section 172 of the Code of
Criminal Procedure requires that every
Police Officer making an investigation
should
accused are ‘satisfactory’ or
‘evasive’, etc.?
49. Sub-section (2) of Section 172 Cr.P.C. permits any court to send for
case diary ... police was made available to the
accused. Under Section 172 of the Criminal Procedure Code, every police
officer making an investigation has to record
