A police report submitted in connection with a proceeding under sections 144 and 145 of Cr. PC is a public document and is admissible in evidence without being proved by calling a witness.

( 1 ) HEARD the learned Advocates for both sides.

( 2 ) THE argument is concluded.

( 3 ) THE hearing arises out of an application under Article 227 of the constitution of India and it is directed against Order No. 13 dated 25. 1. 2001 passed by the learned Additional District Judge, 4th Court, Howrah in Civil revision No. 156 of 1999 which arose out of Order No. 112 dated 9. 7. 1999 passed by Civil Judge (Junior Division),3rd Court, Howrah in Title Suit No. 1 of 1994.

( 4 ) A prayer was made before the Trial Court, Civil Judge (Junior Division),3rd court, Howrah for admitting the certified copies of the order-sheet, police report and the petition in connection with a misc. case under section 144 of Cr. PC. The Trial Court held that the order-sheet of the proceeding under section 144 of Cr. PC was public document and the other documents, namely, the copy of the petition under section 144 of Cr. PC and the police report in connection thereof were not public documents and, as such, the certified copies of those documents could not be accepted.

( 5 ) BEING aggrieved by such order, a revision was made before the learned additional District Judge as noted above and the learned Additional District judge by the impugned order clearly held that the police report and the petition under section 144 of Cr. PC were not public documents and, therefore, the learned Trial Court was justified in not admitting those documents.

( 6 ) BEING aggrieved by such order, the petitioners has come up before this court with an application under Article 227 of the Constitution of India.

( 7 ) WHEN the matter has come up for hearing, at that time the learned advocate for the petitioners has clearly conceded that an application under section 144 of Cr. PC is not a public document and so the Courts below were justified in refusing to admit the certified copies of the application under section 144 of Cr. PC. Here, moot question centres round whether a police report submitted in connection with a proceeding under sections 144 and 145 of Cr. PC is a public document. While the ld. Advocate for the petitioners submits that the report submitted by the police in connection with the proceeding under section 144 of Cr. PC is a public document and, therefore, a certified copy of such report should have been admitted in the evidence.

( 8 ) THE learned Advocate for the opposite party, on the other hand, has strongly resisted such position and she submits that such report cannot be a public document.

( 9 ) IN support of his contention, the learned Advocate for the petitioners has referred to the case of Radharani Chowdhury and Ors. vs. State of West Bengal, reported in 1999 (II) Calcutta High Court Notes page 120 in paragraph 20 at page 129.

( 10 ) THE learned Division Bench made the following relevant observation on which reliance has been placed by the learned Advocate for the petitioners in support of his aforesaid contention :"but the police report submitted by the police in connection with the aforesaid proceeding under section 145 Cr. PC is certainly a public document within the meaning of section 74 of the Evidence Act. Section 2 (1) (h) Cr. PC defines public officer, inter alia, to mean every officer in the service or pay of the government or remunerated by fees or commission for the purpose of any public duty. The duty performed by a police officer is certainly a public duty and undoubtedly he is in the service or pay of the Government. Therefore, undoubtedly, a police officer is a public officer and a report submitted by him in connection with a proceeding under section 145 of Cr. PC is certainly a record of the acts of a public officer. "now, in order to resist such argument, the learned Advocate for the opposite party has referred to the case of Madamanchi Rameppa and Anr. vs. Muthalura bojjappa, reported in AIR 1963 Supreme Court page 1633. Head note (b) :"evidence Act, 1872 section 77 - certified copy of public document is admissibl