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Supreme Court Of India

(From : Karnataka)

Hon'ble Judge(s): P. Sathasivam, Ranjan Gogoi , JJ

(A) Criminal P.C. (2 of 1974) , S.156, S.172— Investigation - Safeguards to ensure that it is fair. Though the power of the investigating agency is large and expansive and the Courts have a minimum role in this regard there are inbuilt provisions in the Code to ensure that investigation of a criminal offence is conducted keeping in mind the rights of an accused to a fair process of investigation. The mandatory duty cast on the investigating agency to maintain a case diary of every investigation on a day to day basis and the power of the Court under Section 172 (2) and the plenary power conferred in the High Courts by Article 226 of Constitution are adequate safeguards to ensure the conduct of a fair investigation.(Para 11) (B) Criminal P.C. (2 of 1974) , S.207, S.173(5)— Constitution of India , Art.21— Disclosure of documents to accused - Documents submitted in Court along with report under S. 173 - Though unexhibited or unmarked - Ought to be disclosed to accused if demanded - Doctrine of free and fair trial so demands. If in a given situation the accused comes to the Court contending that some papers forwarded to the Court by the investigating agency along with report under S. 173 have not been exhibited by the prosecution as the same favou....