Usha Devi vs State of U.P.

O. P. Jain, J.—The brief facts leading to this application under Section 482, Cr PC are that on 20593 an FIR was lodged under Section 380,1PC at police Station Rampur by one Mahinder Singh. This was registered as crime no. 150/93. Police Station Rampur investigated the case and submitted a chargesheet. However, the State Government ordered an investigation by CBCID who with the permission of the court, reinvestigated the matter and again recorded the statements of witnesses, CB, C1D came to the conclusion that no case was made out against the applicant and a final report was submitted by them through proper channel. The learned Magistrate rejected the final report submitted by CB, CID and took cognizance of the offence on the basis of chargesheet filed by police station Rampur.

During the trial an application was filed on behalf of Usha Devi that the copies of the statements of witnesses recorded by CB, CID may be supplied to the accused. The application filed by Smt. Usha Devi on 30894 is Annexure ''5''. This application was rejected by the learned Magistrate on the same day vide Annexure ''6'' on the ground that under Section 207, Cr PC the accused is entitled to get copies of the statements of only those witnesses on whom the prosecution relies. Therefore, the copies of the statements of witnesses recorded by CB, CID cannot be supplied to the accused. Being aggrieved by the refusal of learned Magistrate to supply the copies the present application under Section 482, Cr PC has been filed

I have heard learned counsel for the accusedapplicant and the learned A. G. A. for the State.

Section 207, Cr PC casts a duty on the Magistrate to furnish to the accused free of costs without delay a copy of the police report, the FIR, the statements recorded under Section 161, subclause (3), Cr PC of all persons whom the prosecution proposes to examine as its witnesses, the confessions and statements recorded under Section 164 etc. The accused in the instant case does not want copies of the statements of those witnesses recorded by CB, CID whom the prosecution does not propose to examine. The accused wants copies of the statements of only those witnesses who are proposed to be examined as prosecution witnesses. There is considerable force in the argument of the learned counsel for the applicant that if there is more than one statement of a witness whom the prosecution intends to examine during the trial, the accused is entitled to the copies of all the statements made by that witness from time to time.

In para 17 of the application under Section 482, Cr PC it is mentioned emphatically that the 2nd Investigating Officer (CB, CID) has recorded the statement of the same witnesses who were examined earlier by police station Rampur. In para 17 the names of the witnesses have also been given as Mahinder Singh, Junar Singh, Vikram, Randhir and Smt. Sareso all residents of Nayagaon. If the same set of persons has been examined by police station, Rampur as well by CB, CID and the witnesses have made different statements before the two investigating agencies, the accused is entitled to get copies of both the statements made by each witness. There may be a case where one investigating agency may rely on the statements of witnesses A, Band C while the other investigating agency may rely on the statement of witnesses X, Y and Z. In such a case if the prosecution intends to produce only witnesses X, Y and Z during the trial, the statements of witnesses A, B and C need not be furnished to the accused. This however is not the case here. Investigating agencies have examined the same set of witnesses who are said to have made different statements before each investigating agency. Therefore, the accused is entitled to get copies of both the statements.

5A. The above view is supported by 1988 CrLJ 42DalIa and another v. State of Rajastftan, 1984 CrLC 8645. J. Chowdhary v. State and 1974 CrLJ 1373State of Kerala v. Raghavan and others.

In view of the above discussion the application under Section 482 Cr PC is allowed and it is ordered that the copies of the statements of witnesses Mahinder Singh, Junar Singh, Vikram and Smt. Sareso recorded by police station Rampur as well as the statements of these witnesses recorded by CB, CID may be furnished to the applicant. It case the prosecution gives up any of these witnesses their statements under Section 161, Cr PC need not be furnished.

Application allowed