K. S. LODHA, J.

( 1 ) PETITIONER Subhash Chandra, an accused in a criminal case, being refused permission to look into the case-diary during the cross-examination of Investigating Officer, in order to verify whether a particular note said to be appended to the diary as alleged by the Investigating Officer, was there or not, and for some such other entries in the said diary, has now challenged the vires of S. 172 (3) of the Cr. P. C.

( 2 ) SECTION 172 of the Cr. P. C. reads as under :-"172. Diary of proceedings in investigation. (1) Every police officer making an investigation under this Chapter shall day by day enter his proceedings in the investigation in a diary setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place or places visited by him, and a statement of the circumstances ascertained through his investigation. (2) Any criminal Court may send for the police diaries of a case under inquiry or trial in such court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial. (3) Neither the accused nor his agents shall be entitled to call for such diaries, nor sha