Mr. Dhusia, Let me clarify, a case diary can be called by the judge only for his eyes only, Advocate of defence has no right to see the case diary , in case of any doubt during trial advocate of defence can request the megistrate/ Judge to call upon a case diary in court to verify certain fact in question, his arguments are based on statement of wittnesses of prosecution / defence & relevant documentary evidence if any,.
Hence in any case or in case of any controvercy or in reaching to any conclusion,any time during trial or in case of any application before the Megistrate / Judge, in whose jurisdiction the crime is registered can call any case diary from the I.O. who is investigating in any matter for any crminal case under investigation or after the conclusion of investigation in which the charge sheet is yet to be filed
For any complain in which preliminary enquiry is being conduted and for which a criminal case is not registered, no entry is made in Case diary for such matters enquiry report is prepared & submitted to the authorities concerned if the report has any base for registration of criminal cognizable offence case then action is as deemed legally fit for the matte being enquired upon by the SHO/ I.O.
Mr. Dhusia, I also request not to use such derogatory language in future for any other Advocate as used by you against Mr. Assumi which may lead to legal suit of defamation, this forum is meant to give legal/expert opinions freely to the people who needs counselling/ guidance in any legal matter not to insult or hurt the feelings of any person..