"CR"

Petitioners who are accused Nos.1 to 3 in Crime No.139/2006 of Pulinkunnu Police Station and now pending before the J.F.C.M, Ramankary as C.C.No.181/2009 for offences punishable under Section 323,324,341 and 506(ii) read with 34 IPC seek to quash Annexure A7 order dated 22.3.2010 as per which the learned Magistrate refused the petitioner's request under Annexure A6 to supply copies of the 161 statements of CWs.2 and 3 recorded by the earlier investigating officer namely Sub Inspector of Police, Ramankary. The learned Magistrate was of the view that only copies of those statements which are relied on by the prosecution need be supplied to the accused.

2. The above view taken by the Magistrate with regard to statements under Section 161 Cr.P.C is clearly opposed to Section 173(5)(b) Cr.P.C. While in the case of documents, only those documents which the prosecution proposes to rely on, need be produced and copies supplied to the accused, the position is different in the case of statements of witnesses. Sub-section(5) of Section 173 Cr.P.C reads as follows:-

"5) When such report is in respect of a case to which Section 170 applies, the police officer shall forward to the