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Supreme Court Of India

Hon'ble Judge(s): A. M. Khanwilkar, Dinesh Maheshwari , JJ

(A) Criminal P.C. (2 of 1974) , S.207 Proviso 1, S.173(5)— Right of accused to get copies of documents-Duties of magistrate-S. 207 does not empower Magistrate to withhold any "document" submitted by investigating officer along with police report, except when it is voluminous. (Para 14 15 16) Documents" on which the prosecution proposes to rely, the investigating officer has no option but to forward "all documents" to the Magistrate along with the police report. There is no provision (unlike in the case of "statements") enabling the investigating officer to append a note requesting the Magistrate, to exclude any part thereof ("document") from the copies to be granted to the accused. Sub-Section (7), however, gives limited discretion to the investigating officer to forward copies of all or some of the documents, which he finds it convenient to be given to the accused. That does not permit him to withhold the remaining documents, on which the prosecution proposes to rely against the accused, from being submitted to the Magistrate along with the police report. On the other hand, the expression used in S. 173(5)(a) of the 1973 Code makes it amply clear that the investigating officer is obliged to forward "all" documents or relevant extracts on which the prosecution propose....