The duty to serve charge-sheet copies lies with the prosecution agency, and the court has the authority to ensure the accused are produced, with non-compliance potentially leading to contempt proceedings.

1. Call for legible copy of the case diary of Uda-Kishunganj P.S. Case No. 94/99 pending in the Court of the Chief Judicial Magistrate, Madhepura.

2. Let a letter be also sent to the Superintendent of Police, Madhepura to see that the case diary is produced in the Court.

3. On the last date it was reported to the Court that the accused, who is in jail for more than 2 years has not been committed for trial to the Court of Sessions, on this statement this Court called for a report from the learned Chief Judicial Magistrate and also from the learned Sessions Judge. The Chief Judicial Magistrate has submitted his report dated 28.10.2004 alongwith a list of 125 cases wherein the accused persons are in jail and their cases have not been committed. It appears from the said list that either the accused persons are not being produced in the Court or copies of the charge-sheet have not been supplied to them, therefore, the Chief Judicial Magis-trate is finding it difficult to commit the cases.

4. When this Court asked Mr. Surya Deo Yadav, learned Government Advocate as to why the copies of the charge-sheet are not being supplied to the accused right in time, referring to Section 207 of the Code of Criminal Procedure he submits that it is the duty of the Court to supply copy of the charge-sheet. I am shocked to hear this argument. He also said that this is the practice followed in the courts of Bihar. I am again shocked to hear this argument.

5. Section 207 Cr.P.C. on which a strong reliance is placed does not cast any duty upon the Magistrate to prepare a copy and serve upon the accused. Section 207 Cr.P.C, in the opening words, says"In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following....". From this language it cannot be presumed nor it can be read in the provision of law that either it is the duty of the Magistrate to prepare the copies of the charge-sheet and serve upon the accused or the prosecution agency after filing of the charge-sheet is relieved of its duty to serve copies of the charge-sheet upon the accused. Sri Yadav, learned counsel submitted that when summons are issued from the Court to the witnesses, everything is prepared by the Court. I am again at a loss to understand as to how issuance of the summons can be equated with supply of the copy of the charge-sheet; summons are issued in the proceedings of a court while the charge-sheets are filed by the prosecution agency before the court, to proceed further in the matter. I must observe here that in a case of private complaint when summons are issued by Magistrate, the requisites including copies of the complaint and the documents are to be supplied by the private complainant for being served upon the accused alongwith copy of the summons.

6. It is too much to say that the Magistrate is required to prepare the copies and serve upon the accused. In fact, it is the duty of the prosecutor i.e. State Government to prepare as many copies equal to the number of the accused and produce the same in the Court so that on Day-1 or immediately after filing of the charge-sheet the copies are supplied either personally to the accused persons or to their respective counsel to avoid unnecessary delay. It also goes without saying that the documents which are referred in Section 207 Cr.P.C. are required to be served by the prosecution agency upon the accused.

7. It also appears from the reports of the Chief Judicial Magistrate and Sessions Judge that number of cases are being adjourned for production of the accused. In cases where the accused are lodged in jail, it is the pious or sacrosanct duty of the prosecution agency including the Superintendent of Police and the Jail Superintendent/Jailer to produce the accused in the Court, if he is in police or judicial custody. A Jail Superintendent cannot be allowed to say that for want of force or conveyance he is