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PATNA HIGH COURT
Sheema Ali Khan, J.
Sri Ram Sharma
Versus
State Of Bihar
CRIMINAL MISCELLANEOUS No. 38402 of 2006 ;
Decided On : DECEMBER 13, 2006
Sec. 207 - Police Record - The court found the commitment of the case without providing the petitioners with copies of the diary, record, or other documents as required under Sec. 207 of the Code of Criminal Procedure to be completely illegal.
Fact of the Case:
The petitioners filed an application stating that the case had been committed without providing them with the necessary police record and papers as required by law. The court found this action to be illegal and quashed the impugned order.
Finding of the Court:
The court directed the lower court to hear the petitioners, the opposite party, and the State regarding the submission that the video recording of the witnesses should be submitted in the court. The court also emphasized the necessity of providing the video recording along with the police record to the petitioners, citing the case of Sadhvi Ritumbhara vs. State of Madhya Pradesh [1997(2) Cr.L.J. 1232].
Issues: The issues revolved around the illegal commitment of the case without providing the petitioners with necessary police record and papers, as well as the failure to record any order regarding the prayer made on behalf of the petitioners for the submission of video recording of the witnesses in the court.
Ratio Decidendi: The court's decision was influenced by the requirement under Sec. 207 of the Code of Criminal Procedure to provide the accused with copies of the diary, record, or other documents, as well as the need to consider the case law precedent of Sadhvi Ritumbhara vs. State of Madhya Pradesh [1997(2) Cr.L.J. 1232] regarding the submission of video recordings in court.
Final Decision: The application was allowed, and the impugned order dated 18.7.2006 was quashed.
1. Heard learned counsel for the petitioners and the State.
2. Petitioners have filed this application stating therein that the case has been commited without giving him police record and papers as required under the law. As far as that part of the order is concerned, this Court finds that it is completely illegal and no commitment has taken place before giving the petitioners the copies of the diary, record or other documents as required under Sec. 207 of the Code of Criminal Procedure.
3. Petitioners have also raised another point in which they have stated that the evidence of the witnesses before the police under Sec. 161 of the Code of Criminal Procedure was recorded on video camera as per the direction of the Director General of Police given in the supervision note. This video recording was not submitted in the court alongwith the charge-sheet. Petitioners have stated that they have also prayed in the court below that copies of the video recording should also be given to him alongwith the police papers.
4. I find that the court below has not recorded any order regarding the prayer made on behalf of the petitioners. I, thus, direct that the court below should hear the petitioners, the opposite party and the State with respect to the submission that the video recording of the witnesses should be submitted in the court and thereafter the Court may decide as to whether it would be essential and necessary to handover the same alongwith police record to the petitioners. The court will decide this matter after taking into consideration the case of Sadhvi Ritumbhara vs. State of Madhya Pradesh [1997(2) Cr.L.J. 1232].
5. With the observation aforesaid, this application is allowed and the order impugned dated 18.7.2006 is hereby quashed.
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