The court clarified the provisions of Section 173 and 172(2) CRPC regarding the supply of documents and case diaries, emphasizing the restrictions placed on their use and the rights of the parties to access them.

ORDER

1. LEAVE GRANTED.

2. HEARD LEARNED COUNSEL FOR BOTH THE PARTIES. CM, SPECIAL INVESTIGATION CELL, HAS FILED THIS APPEAL CHALLENGING THE ORDER PASSED BY THE LEARNED SINGLE JUDGE OF THE HIGH COURT OF PUNJAH AND HARYANA. THE RESPONDENT HEREIN HAD FILED A COMPLAINT BEFORE THE POLICE ALLEGING THAT HIS SON DIDAR SINGH HAD BEEN KILLED IN A FALSE ENCOUNTER. A CASE WAS REGISTERED BY CBI. IT CONDUCTED INVESTIGATION AND FILED THE FINAL REPORT BEFORE THE COURT ALLEGING THAT THE SAID DIDAR SINGH ESCAPED FROM POLICE CUSTODY AND WAS NOT KILLED IN ANY ENCOUNTER. THE RESPONDENT, THEREAFTER, FILED AN APPLICATION BEFORE THE SPECIAL JUDICIAL MAGISTRATE, CBI PRAYING THAT THE RESPONDENT SHALL BE SUPPLIED WITH THE ENTIRE DOCUMENTARY AS WELL AS ORAL TESTIMONY OF THE WITNESSES COLLECTED DURING THE INVESTIGATION FOR THE PURPOSE OF PURSUING THE MATTER. THIS APPLICATION WAS ALLOWED BY THE SPECIAL JUDICIAL MAGISTRATE. AGGRIEVED BY THE SAME, CM FILED A REVISION PETITION BEFORE THE HIGH COURT. THE LEARNED SINGLE JUDGE BY THE IMPUGNED ORDER DIRECTED THAT THE PROSECUTION SHALL SUPPLY THE ENTIRE SET OF DOCUMENTS WHICH ACCOMPANIED THE REPORT UNDER SECTION 173 CR. PC. IT IS ALSO OBSERVED THAT AS REGARDS THE CASE DIARIES, THERE SHALL BE AN EMBARGO TO THE SUPPLY THEREOF SUBJECT TO THE RIDER THAT THE COURT SHALL BE AT LIBERTY, IF IT SO DESIRED, TO EXAMINE THE CASE DIARIES IN ORDER TO DETERMINE THE CONTROVERSY AND, IF NECESSARY, EVEN RELY UPON COPIES THEREOF OR PLACE THEM ON RECORD. THE LATTER PART OF THE ORDER IS CHALLENGED BEFORE US. THE LEARNED ADDITIONAL SOLICITOR GENERAL SUBMITS THAT THE APPELLANT HAS NO OBJECTION IN SUPPLYING THE ENTIRE SET OF DOCUMENTS WHICH ACCOMPANIED THE REPORT FILED UNDER SECTION 173 OF THE CRIMINAL PROCEDURE CODE. AS REGARDS THE CASE DIARY, THE COURT CAN USE THEM ONLY UNDER SECTION 172(2) CRPC WHICH IS TO THE EFFECT THAT ANY CRIMINAL COURT MAY SEND FOR THE POLICE DIARY OF A CASE UNDER ENQUIRY OR TRIAL AND MAY USE SUCH DIARIES NOT AS EVIDENCE IN THE CASE, BUT TO AID IN SUCH ENQUIRY OR TRIAL. IN THE INSTANT CASE THE PETITIONER WANTS ONLY THE SET OF DOCUMENTS WHICH ACCOMPANIED THE FINAL REPORT FILED UNDER SECTION 173 CRPC SUBJECT, AND AS REGARDS OTHER RECORDS WHICH ARE WITH THE INVESTIGATING AGENCY THEY CAN BE USED BY THE COURT, SUBJECT TO THE RESTRICTIONS PLACED UNDER SECTIONS 172(2) AND (3) CRPC AND THE RESPONDENT CANNOT CLAIM TO HAVE COPIES OF THEM. IN THE VIEW OF THIS POSITION, THE APPEAL IS DISPOSED OF WITH THE ABOVE OBSERVATIONS.