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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
Dr. Mrigen Saikia, S/O Late Maniram Saikia – Petitioner
Versus
The State Of Assam, Rep. By The Learned P.P. – Respondent
Crl.Pet./30/2023
Decided On : 22-02-2023
CRIMINAL PROCEDURE - RIGHT TO DEFENSE - CrPC Sections 164, 207 - The court interpreted Section 207 of the CrPC, emphasizing the accused's right to access their own statement recorded under Section 164. The court concluded that the denial of this right prejudiced the petitioner's defense, leading to the decision to set aside the lower court's order denying access to the statement.
Fact of the Case:
The petitioner sought to become an approver in a corruption case and requested his statement recorded under Section 164 CrPC. The Special Judge rejected his request, stating the petitioner did not provide sufficient inculpatory evidence against co-accused. The petitioner later sought a copy of his statement, which was denied by the Special Judge on the grounds that it was not part of the police report and was kept in a sealed cover.
Finding of the Court:
The court found that the petitioner had an inherent right to access his own statement recorded under Section 164 CrPC, regardless of whether it was included in the police report. The court ruled that denying access to this statement would prejudice the petitioner's right to defend himself.
Issues: Whether the petitioner has the right to access his statement recorded under Section 164 CrPC, and whether the lower court's denial of this access was justified.
Ratio Decidendi: The court held that Section 207 CrPC mandates that an accused must be provided with a copy of their confession or statement recorded under Section 164, and that this right is fundamental to ensuring a fair defense.
Final Decision: The court set aside the part of the order dated 01.12.2022 that denied the petitioner access to his statement and restored the petition for fresh disposal.
ORDER :
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
Heard Mr. M. Biswas, learned counsel for the petitioner as well as Mr. Bankim Sarma, learned APP for the State.
2. This criminal petition under Section 482 CrPC is directed against the order dated 01.12.2022 passed by the learned Special Judge, Assam in Special Case No. 2/2017, which is proceeding under Section 7/13(1)(b)/13(2) of the Prevention of Corruption Act read with Section 109/120(B)/420/465/468/471/201 IPC.
3. The case projected by the petitioner is that with intent to become an approver in connection with the said case, the petitioner has made an application before the learned trial Court and in the said petition, he had also prayed to allow his statement to be recorded under section 164 CrPC. The said petition was registered as petition no. 392/2020. It is projected that on the said petition, the learned Special Judge, Assam, by order dated 27.11.2020, deemed it necessary to record the statement of the petitioner under section 164 CrPC. Accordingly the I.O. was directed to produce the petitioner before the learned Chief Judicial Magistrate, Kamrup (M), Guwahati for recording his statement under section 164 CrPC and the said statement was ordered to be sent back in a sealed cover.
4. It is further projected that a learned counsel on behalf of Special Public Prosecutor had filed a written statement/ opinion on behalf of the prosecution for the purpose of giving consent before the learned Special Judge, Assam to pass an appropriate order in respect of the prayer of the petitioner to declare him as an approver. However, the learned Special Judge, Assam by order dated 24.12.2020 rejected the prayer of the petitioner to become an approver, amongst others, on the ground that the petitioner has failed to make inculpatory statement and that his exculpatory statement against other co accused was not sufficient.
5. We need not burden this order with subsequent developments of challenging the order before this Court as well as before the Supreme Court of India.
6. The reason for the petitioner to approach this Court is that he had filed petition no. 2133/2022 under section 207 CrPC for a copy of his said statement recorded under section 164 CrPC in connection with Special Case No. 2/2017.
7. The learned Special Judge, Assam by order dated 01.12.2022 had rejected the same on the ground that the statement of the petitioner recorded under Section 164 CrPC was not a copy of the police report and that such statement was not even given to the prosecution and was kept in sealed cover for which the parties are not allowed to use the same.
8. In this case, notice was issued by order dated 19.01.2023 and the matter was subsequently listed on 01.02.2023, 13.02.2023 and 15.02.2023. However, prosecution has not filed any objection. However, the learned APP has verbally opposed the prayer made in this application and has also objected against providing a copy of the said statement recorded under section 164 CrPC to the petitioner.
9. Considered the averments made in this criminal petition and considered the submissions made by the learned counsel for the petitioner as well as the learned APP.
10. In the considered opinion of the Court, the statement of the petitioner made under Section 164 CrPC before the learned Chief Judicial Magistrate/ Magistrate pursuant to order dated 27.11.2020 passed by the learned Special Judge, Assam would be squarely covered by the provisions of clause (iv) of Section 207 CrPC, which requires that the accused is to be furnished a copy of the confession and statement, if any, recorded under section 164 CrPC. The said provision do not make any distinction of a statement made under section 164 CrPC, which comes as a part of the documents appended to the charge-sheet submitted by the police or in respect of any other statement recorded under section 164 CrPC by orders of the Court.
11. The Court is of the considered opinion that even if the statement of the petitioner recorded unde
Statements under S.164 Cr.P.C. are public documents accessible to entitled parties upon payment.
In eye of law, every person has a right to inspect public documents, provided he shows that he is individually interested in them.
A defacto complainant is entitled to access their statement recorded under Section 164 Cr.P.C. after the investigation concludes and a final report is filed.
The evidentiary value of a statement under Section 164 Cr.P.C. is limited and is used as an aid during trial.
The accused has a statutory right to a legible copy of the 164 statement for effective cross-examination, ensuring the right to a fair trial.
The accused has the right to use the previous statement of a witness, including statements recorded by the investigating agency during the course of an investigation, for the purpose of establishing ....
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The court underscores the necessity of original documentation and verified records for the judicial process under Section 313 of the Cr.P.C.
The court declined to direct the re-recording of the petitioner's statement under Section 164 CrPC, holding that such a direction would interfere with the due process of law and that the petitioner w....
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