2015 2 Crimes(HC) 549
KERALA HIGH COURT
Shakkeer M.K. —Petitioner
State of Kerala —Respondent
Crl.M.C.No.2627 of 2014
Decided on 13.8.2014
Though the statement recorded under Section 164 of a witness is a public document, but since it is recorded during the part of the investigation, the accused is not entitled to get that document as of right as he is entitled to get documents which were produced by the investigating officer along with the final report under Section 173 (2) of the Code.
Criminal Procedure Code, 1973 — Section 164 and 173 — Petition-accused asked for certified copy of statement of prosecutrix got recorded u/s 164 CrPC or plea that it being public document he was entitled to copy — Though such a statement is a public document, since it is recorded during investigation accused is not entitled to get it as of right till final report u/s 173 CrPC is filed — Magistrate was perfectly justified is rejecting the prayer. (Paras 9, 11)
Result: Petition dismissed.
Act Referred :CRIMINAL PROCEDURE CODE : S.164, S.173Cases Referred:
Counsel for the Parties:For the Petitioner: Mr.B.Raman Pillai, Senior Advocate, Mr.R.Anil, Mr.M.Sunilkumar, Mr.Sujesh Menon V.B, Mr.T.Anil Kumar, Mr.Manu Tom, Mr.Thomas Abraham (Nilackappillil) & Mr.M.Vivek, AdvocatesFor the Respondent: PP, Smt.P.Maya
ORDER K.Ramakrishnan, J.—This Criminal Miscellaneous Case is filed by the petitioner challenging the order passed by the Judicial First Class Magistrate Court-I, Kozhikode in PCA.No405/2104 in Crime No.589/2012 of Chevayoor police station dismissing the application to issue certified copy Section 164 statement of the prosecutrix recorded by the Judicial First Class Magistrate Court-I, Kozhikode under Section 482 of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’).
2. It is alleged in the petition that petitioner was arrayed as the accused in Crime No.589/2012 of Chevayoor police station. On 2.4.2014 he had applied for certified copy of the First Information Statement, First Information Report and statement of the prosecutrix recorded under Section 164 of the Code in Crime No.589/2012 of Chevayoor police station and it was numbered as PCA.No.405/2014 and after hearing the counsel for the petitioner and the Assistant Public Prosecutor of that court, the learned Magistrate passed Annexure-B order and granted permission to issue certified copy of the First Information Statement and First Information Report alone, but rejected the prayer for issuing certified copy of Section 164 statement of the prosecutrix recorded by the Magistrate. That is being challenged by the petitioner before this Court.
3. Heard the counsel for the petitioner and the learned Public Prosecutor after admitting the same considering the question of law raised in the matter.
4. The counsel for the petitioner submitted that Section 164 statement is a public document and once it is a public document, he is entitled to get certified copy of that document and there is no necessity to keep that document away from public. Further in the First Information Statement, nothing was mentioned about the petitioner and he wanted to ascertain whether the prosecutrix had stated anything about him in the further statement given by her before the learned Magistrate while recording the statement under Section 164 of the Code and being an accused, he had entitled to get the same. He had relied on a decision of this Court reported in Unnikrishnan Nair v. State of Kerala, (2014 (1) KLT 146). and also a decision of the Allahabad High Court reported in Raju Janaki Yadav v. State of U.P., (2013 Crl.L.J 78).