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 ... 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
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
Constitutional
validity of Section 172(3) Cr. P. C. 1973.
HEADNOTE:
Section 172(3) of the Criminal Procedure Code, 1973
provides that neither the accused ... Code of Criminal
Procedure ( Cr.P.C .) has been called into question. The
provision which so enjoins an investigation officer is
embodied in Section 172
construe Section 172 of the Coda of Criminal Procedure and decide that a statement made under Section 161 of that Code to a Police officer ... taken down under Section 161 of the Code of Criminal Procedure are within the true intent and meaning of Section 172 of the same
such
statement or record" in Sub- section (1) of
Section 162 , Criminal Procedure Code,
make it abundantly clear that statements of
witnesses during investigation ... those statements are recorded in the
police diary maintained under Section 172 ,
Criminal Procedure Code.‖
21. In ‗Shakuntala vs. State of Delhi
Sections 1A and 1B, Section
172Cr.P.C. reads as under:-
CRL.A. 485/2012 Page 7 of 27
" Section 172 Diary of proceeding ... provisions of
Section 145 or 161 of the Indian Evidence Act apply. The bar under
Sub-section (2) to Section 172
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
