Demand of case diary
S.D. Singh
(Querist) 13 June 2010
This query is : Resolved
In a case, where Final Report has been submitted by the police to the Court, whether complainant can demand copy of Final report and the case diary / other papers as submitted by police , for study and reply.
Raj Kumar Makkad
(Expert) 13 June 2010
Case diary & copy of final report submitted under section 173 Cr. PC cannot be given to the complainant as State is representing him,
Devajyoti Barman
(Expert) 13 June 2010
When the police submits Final Report the complainant is entitled to get a notice of such fact so that he can challenge such submission before the Magistrate and for this purpose he can get a copy of Final Report but not the Case Diary as it is only the Public Prosecutor and the Magistrate who have got access to it.
Guest
(Expert) 13 June 2010
COMPLAINENT FILES COMPLAINT TO THE POLICE STATION AND POLICE SUBMIT CHARGESHEET TO THE COURT.
IN CASE COMPLAINENT NEEDS COPY OF CHARGESHEET THEN HE HAS TO APPLY FOR CERTIFIED COPIES FROM THE COURT AND BY PAYING NECESSARY CHARGES FOR CERTIFIED COPIES HE CAN GET THE CERTIFIED COPY FROM THE COURT.
CASE DIARY IS NOT SUBMITED TO THE COURT IT IS RECORD OF POLICE STATION REGARDING ANY CASE. ONLY CHARGE SHEET IS SUBMITED WITH ALL STATEMENT OF WITNESSES.HENCE DOCUMENTS PRODUCED WITH CHARGESHEET ,THE COMPLAINENT CAN GET CERTIFIED COPIES OF THE SAME.
THANKS.
N.K.Assumi
(Expert) 13 June 2010
I agree with Nandkumar.In addition to that let me add that case diary is a priveleged documents for the IO, the prosecutor and the Court. However, case diary consists of two parts that is the first one that consists of day to day steps taken by the IO in his investigations like the place he visited and what happened there, the persons he met and the second parts consists of statements of witnesses whom he thinks will be important for the case. That second part the statements of witnesses has to be typed out by the Magistrate's typiest and should be given to the accused, and this is the observation of the Supreme Court. This so called case diary was misunderstood on several occassions due to Clause (3) section 172 CrPc, and now it has been made claer by the Code of Criminal Procedure (Amendment) Bill 2008 by inserting a provisio in section 242 CrPc which reads as " Provided that the Magistrate shall supply in advance to the accused the statements of witnesses recorded during investigation by the Police".
S.D. Singh
(Querist) 13 June 2010
Dear experts Mr. sawant & Mr. Assumi,
Thanks for the reply, but sir, my question is about Final Report and not about Charge Sheet.
Further, Case Diary is also submitted to the court.
In last , if required documents are not provided to the complainant of F.I.R., how he can file the protest.
Please clarify with case law, if any.
Arvind Singh Chauhan
(Expert) 13 June 2010
Please learned members when the investigation is complete and charge sheet or final report has been submitted to court, copy of case diary can be asked under RTI. Am I wrong?
