What is the duty of the investigating agency to furnish all relevant documents and statements to the accused under Cr.P.C. and Article 21? What is the status and admissibility of a witness statement recorded in the case diary (e.g., V.K. Jain’s 21.02.2018 statement) for consideration at the charge stage under Cr.P.C.? What are the powers and limitations of Sections 173(5), 173(6), and 207 Cr.P.C. in supplying documents to the accused, and how should courts handle withheld or non-supplied materials to ensure a fair trial?

Key Points: - The court emphasizes that the investigating agency must conduct a free and fair investigation and present all evidences without selective disclosure. (!) - The statement of V.K. Jain dated 21.02.2018, though part of the case diary and not signed by the IO, should be considered at the time of passing the order on charge. (!) (!) (!) - Section 207 Cr.P.C. requires the Magistrate to furnish to the accused a copy of police report, FIR, statements under 161, confessions/164, and other documents the prosecution proposes to rely on, with provisions for redaction or inspection where appropriate. (!) (!) (!) - Sections 173(5) and (6) together with the first proviso to Section 207 Cr.P.C. mandate forwarding all statements under 161 and other documents to the Magistrate for supply to the accused; withholding parts requires justification, and the Magistrate may permit inspection if the document is voluminous. (!) (!) (!) (!) - The duty is to forward all documents, including those not relied upon by the prosecution, to enable fair defense; failure to do so can constitute miscarriage of justice. (!) (!) - Court set aside the revisional order and directed the Trial Court to consider the 21.02.2018 statement at the charge stage, reinforcing fair-trial principles. (!) (!)

What is the duty of the investigating agency to furnish all relevant documents and statements to the accused under Cr.P.C. and Article 21?

What is the status and admissibility of a witness statement recorded in the case diary (e.g., V.K. Jain’s 21.02.2018 statement) for consideration at the charge stage under Cr.P.C.?

What are the powers and limitations of Sections 173(5), 173(6), and 207 Cr.P.C. in supplying documents to the accused, and how should courts handle withheld or non-supplied materials to ensure a fair trial?