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SUPREME COURT OF INDIA
Uday Umesh Lalit, Vineet Saran, S. Ravindra Bhat, JJ.
MISS' A – Appellant
Versus
STATE OF UTTAR PRADESH AND ANR. – Respondent
Criminal Appeal No. 659 of 2020 (Arising out of Special Leave Petition (Criminal) No. 10401 of 2019)
Decided on : 08-10-2020
Criminal Procedure Code, 1973 – Sections 207 and 208 read with Sections 164, 173 and 190 – Supply of copies of documents to accused – After conclusion of investigation, an appropriate report under Section 173 of Code is to be filed by police giving information as required by Section 173 – In terms of Section 190 of Code, concerned Magistrate may take cognizance of any offence upon a police report – At the stage of exercise of power under Section 190 of Code, Magistrate may deem fit that matter requires further investigation on certain aspects/issues and may pass appropriate direction – It is only after taking of cognizance and issuance of process that accused is entitled, in terms of Sections 207 and 208 of Code, to copies of documents – Filing of charge-sheet by itself, does not entitle accused to copies of any of relevant documents including statement under Section 164 of Code, unless stages indicated above are undertaken – Merely because charge-sheet was filed by the time High Court had passed order in present matter, did not entitle Respondent No.2 to a copy of statement under Section 164 of Code – No person is entitled to a copy of statement recorded under Section 164 of Code till appropriate orders are passed by court after charge-sheet is filed – Right to receive a copy of such statement will arise only after cognizance is taken and at the stage contemplated by Sections 207 and 208 of Code and not before – Application of Respondent No.2 was rightly rejected by Additional Sessions Judge and order so passed did not call for any interference by High Court – Under no circumstances copies of statements recorded under Section 164 of Code can be furnished till appropriate orders are passed by Court after taking cognizance in the matter. (Paras 15, 16, 17 and 19)
Facts of the case:
Present appeal arises out of order dated 07.11.2019 passed by High Court1 in Criminal Miscellaneous Application.
Findings of Court:
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, 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.
Result : Appeal allowed.
JUDGMENT
Uday Umesh Lalit, J.
Leave granted.
2. This appeal arises out of order dated 07.11.2019 passed by the High Court1[High Court of Judicature at Allahabad] in Criminal Miscellaneous Application No.39538 of 2019.
3. On 25.08.2019, the father of the Appellant lodged a Complaint with Police Station Kotwali, District Shahjahanpur that he had seen a video of the Appellant on her Facebook account alleging that Respondent No.2 and some others had sexually exploited the Appellant and many other girls; that the Appellant was not contactable; that he was apprehending danger to the Appellant; and that prompt action be taken in the matter.
4. Thereafter, pursuant to a complaint filed by one Mr. Om Singh, Advocate, to the effect that he looked after the legal work of the Ashram run by Respondent No.2; and that an unknown person had threatened that unless Rupees Five Crores were paid, the reputation of Respondent No.2 in the society would be harmed. Said Complaint was immediately registered as FIR No. 442 of 2019.
5. The Complaint filed by the father of the Appellant was registered two days later as FIR No.445 of 2019 in respect of offences of abduction and sexual harassment under Sections 506 and 364 of Indian Penal Code (for short, IPC).
6. The Facebook video of the Appellant having gone viral, letters were written to this Court by some advocates whereafter Suo Motu Writ Petition (Crl.) No. 2 of 2019 was registered in this Court. On 30.08.2019 it was reported to this Court that the Appellant was found in District Dausa of State of Rajasthan. On 30.08.2019, this Court recorded the statement of the Appellant that she did not intend to go back to Uttar Pradesh but would meet her parents in Delhi. Certain directions were therefore passed.
7. In its Order dated 02.09.2019, this Court observed:-
In view of above, we direct the Chief Secretary, State of Uttar Pradesh, to constitute a Special Team headed by a police officer in the rank of the Inspector General of Police to be assisted by the Superintendent of Police and a team of police officers to enquire into the grievances expressed by Miss "A" and insofar as the apprehension expressed by the parents of Miss "A".
At this stage, Mr. Vikramjit Banerjee, learned Additional Solicitor General, representing the State of Uttar Pradesh along with Ms. Aishwarya Bhati, learned Additional Advocate General, has submitted that an FIR No.0445 dated 27.08.2019, against the management of the Institution has been registered under Section 364 and 506 IPC, based on the complaint lodged by the complainant-father of the girl Miss "A". Mr. Vikramjit Banerjee has also submitted that a cross FIR No. 0442 dated 25.08.2019 has been registered.
The investigation team to be constituted shall take note of both the FIRs and proceed with the investigation in accordance with law in both the investigations and file status report before the High Court.
Considering the facts and circumstances of the case, we request the Chief Justice of the High Court of Judicate at Allahabad to constitute a Bench to monitor the investigations in this regard.
Insofar as the apprehension expressed by the father of the girl about their safely, we direct the Chief Secretary, State of Uttar Pradesh, to direct the Superintendent of Police of the concerned district, namely, Shahjahanpur, to afford protection to the parents and family members of the girl on assessing the threat perception. We request the High Court to also review the protection accorded to the family members of Miss "A" and pass appropriate orders."
8. Accordingly, Special Investigation Team (SIT) was set up and the statement of the Appellant was recorded on 16.09.2019 by Judicial Magistrate under Section 164 of the Code of Cri
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