cannot
be characterised as unreasonable or arbitrary. Under sub-section
(2) of section 172 Cr.P.C. the Court itself has the unfettered
power ... police was
made available to the accused. Under Section 172 of the Criminal
Procedure Code, every police officer making an investigation has
to record
Section 145 or Section 161, as the case may be, of the Evidence Act ,
shall apply.
37. Section 172(3) of CrPC makes ... together.
41. Thus, Section 145 and Section 161 of the Evidence Act on the one
hand and Section 172(3) of CrPC
interdict contained in Section 162 of the Code, debars
the court from using the power under Section 172 of
Crl. Misc ... police.- The police diaries called for under section
172 of the Code of Criminal Procedure should not be
shown to accused persons, or to their
meaning of the word "diary" used in Section 172 and
other Sections of Cr.P.C . and suggested that a legislative
change ... under
Section 155 of the Code.'
Therefore, there can be no manner of doubt that
what is referred to in Section 172 of
HCHP
6
section 145 of the Indian Evidence Act for deciding
the issue involved:
" section 172 of the Code of Criminal Procedure,
1973
.
172 ... read
.
conjointly and homogenously. It is evident from
subsection (2) of Section 172 Cr.P.C., that the
Trial Court has unfettered power
section (1) of Section 172 shall be a volume
and duly paginated.
There is a prohibition under Section 172 (3)
CrPC which records ... opinion that the provision
embodied in sub-section (3) of Section
172 of the Cr.P.C. cannot be characterised
as unreasonable or arbitrary. Under
cannot be characterised as unreasonable or
arbitrary. Under sub-section (2) of Section 172 CrPC the court itself has the
unfettered power ... contradicting the police officer as provided in
sub-section (3) of Section 172 of the CrPC. Ultimately there can be no better
custodian
certain pages of Police diary maintained under
Section 172 of the Code of Criminal Procedure, 1973 (for
brevity, Cr.P.C .), by the Investigation Officer ... Section 145 of the
Indian Evidence Act for deciding the issue involved:-
“ Section 172 of the Code of Criminal Procedure,
1973
172. Diary of proceedings
section (1) of Section 162 , Criminal Procedure Code, make it abundantly clear that statements of witnesses during investigation under Section 172 , Criminal Procedure Code ... investigation, whether recorded under Section 161(3) or in the police-diary maintained under section 172 , Criminal Procedure Code, are supplied to him. It follows
police was made available to the accused. Under Section 172 of the Criminal Procedure Code, every police officer making an investigation has to record ... Section 207 Cr.P.C. (now repealed) for ready reference.
(a) Section 192 B.N.S.S., akin to Section 172
