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1994 Supreme(Raj) 159

Rajasthan High Court
Honble R.R.Yadav, J.
Surya Prakash Mathur - Appellant
Versus
State of Rajasthan - Respondents
S.B. Criminal Revision Petition No. 211 of 1985
Decided On : April 19, 1994

Advocates Appeared:
G.R. Poonia & Govind Mathur, for Petitioner H.R. Panwar, Public Prosecutor, for State

Headnote:(a) Police Act, 1861, Sec. 29 — Non production of Police Diary on judicial order — Offences u/s. 29 are not limited to the wilful breaches or neglect of a rule or regulation or a lawful order but includes any violation of duty. (Para 8 & 10)(b) Evidence Act, Sec. 162, Sec. 123 and Rajasthan Police Rules, 1965, Chapter VIII, Rule 8. 18 Sub Rule (2) - The Police Officer is bound u/s. 162 of Evidence Act to produce any document in his possession or power if summoned to do so — But if such document is an unpublished official record relating to any affair of State, he is prohibited by Sec. 123 of the Evidence Act from giving evidence from it — Under Rule 8.18 (2) certain documents are enumerated as privilege documents — Case diary is a privileged document — This is a general practice prevailing throughout the country that the courts of law treating the police diary (case diary) to be privilege police documents used to See its contents and after inspection such case diaries are always returned — The objection of non production of case diary should be raised before the court itself, claiming to be a privilege document and required to be decided by the same court. (Para 14 & 15)

       

Honble YADAV, J. — Brief facts giving rise to the present revision petition are that one Mangilal Gour, Munsif & Judicial Magistrate, Jalore submitted a complaint under Sec.29 of the Police Act on 12.4.1982 in the, court of Chief Judicial Magistrate, Jalore alleging therein that while discharging the function of Munsif & Judicial Magistrate, Jalore, he passed a judicial order on 16.1.1982 for production of police diary in CR No. 118/78 in Criminal Case No. 93/89 known as Berisal Singh v. Daulat Singh & others. The revisionist was required to produce the aforesaid case diary on 23.2.1982 in pursuance of the judicial order passed by Shri Mangilal Gour, Munsif & Judicial Magistrate, Jalore . In abundant caution and looking into the urgency, the learned Magistrate wrote a letter to the revisionist on 19.1.82 directing him to produce the case dairy on 23.2.82. The revisionist did not care to produce the case diary on 23.2.82. Thus, the complainant had no option except to give notice under Sec.29 of the Police Act to the revisionist through the Superintendent of Police, Jalore directing therein to produce the case diary on 2.3.82 but the revisionist deliberately and wilfully disobeyed the order passed by Shri Mangilal Gour, Munsif and Judl. Magistrate, Jalore and wilfully disobeyed the order passed by the competent court. It is also alleged that Superintendent of Police, Jalore wrote a letter to the revisionist on 27.2.82 directing him to produce the police diary before the court concerned on 2.3.82. It is also alleged that when the revisionist received a letter from the Superintendent of Police, Jalore only then he started to make search of the case diary but did not pay any heed to the order passed by the court summoning the police diary.

(2). In support of the case, the prosecution examined Shri Mangilal Gour, Munsif & Judl. Magistrate, Jalore. The revisionist pleaded not guilty and claimed his trial. The revisionist also appeared in the witness-box as DW 1. An application submitted by him on 1.3.82 was placed on record and was marked as Ex.D/1.

(3). After trial, the learned Chief Judl. Magistrate held the revisionist guilty of wilfull disobedience of the direction passed by the competent court of law and held him guilty of the offence under Sec.29 of the Police Act vide judgement dated 11.7.1983.

(4). After recording the finding of guilt under Sec.29 of the Police Act, learned Chief Judicial Magistrate, Jalore also gave full hearing on the question of sentence to the revisionist and after considering all the rellevant facts and circumstances of the case, the learned Chief Judl. Magistrate sentenced revisionist to pay one months salary i.e. for the month of July, 1983 as fine and in default of payment of fine to undergo simple imprisonment for 10 days.

(5). Against the conviction and sentence dated 11.7.83 passed by the learned Chief Judicial Magistrate, Jalore, the revisionist preferred an appeal before the court of Sessions, Judge, Jalore. The learned Sessions Judge dismissed the appeal of the revisionist on 17.10.84.

(6). The revisionist being aggrieved with the judgements of both the courts-below preferred this revision petition before this Court under Sec. 397, Cr.P.C.

(7). I have heard Mr. G.R.Poonia, learned counsel for the petitioner and Mr.H.R. Panwar, learned Public Prosecutor for the State at length and gone through the record of the courts- below.

(8). From a close scrutiny of the judgement passed by both the courts-below in the light of evidence available on record, I am fully convinced with the concurrent finding of guilt recorded by both the courts-below which is eminently just and proper and does not require any interference in the revisional jurisdiction under Sec. 397 Cr.P.C. A further close scrutiny of both the judgments of the subordinate courts lead to an irresistable conclusion that the finding of guilt recorded by both the court-below are based on analytical discussion of evidence on record. In support of the find


















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