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2021 CRI. L. J. 1885
::AIR 2021 SC (Criminal) 164
Supreme Court Of India
Hon'ble Judge(s):
Uday Umesh Lalit,
Vineet Saran,
S. Ravindra Bhat
, JJJ
Criminal P.C. (2 of 1974) , S.207, S.208, S.164— Entitlement of accused to copies of statements, documents etc- Stage at which- Accused becomes entitled to copies of statements, documents etc mentioned in S s 207 and 208, only after taking of cognizance and issuance of process- Mere filing of charge sheet does not entitle accused to copies of documents including statement of victim recorded under S. 164 (Para 15) The Scheme of the relevant provisions of the Code shows that after the conclusion of the investigation, an appropriate report under Section 173 of the Code is to be filed by the police giving information as required by Section 173. In terms of Section 190 of the Code, the concerned Magistrate may take cognizance of any offence inter alia upon a police report. At the stage of exercise of power under Section 190 of the Code, as laid down by this Court in number of decisions, the notable being the decision in Bhagwant Singh vs. Commissioner of Police4 , the Magistrate may deem fit that the matter requires further investigation on certain aspects/issues and may pass appropriate direction. It is only after taking of the cognizance and issuance of process that the accused is entitled, in terms of Sections 207 and 208 of the Code, to copies of the documents referred to in said provisions. The filing of the ....
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