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IN THE HIGH COURT OF ALLAHABAD
SANJAY KUMAR SINGH, J.
Sri Prakash Mishra @ Nem Mishra - Appellant
Versus
State of U.P. and Another - Respondent
APPLICATION U/S 482 No. 5137 of 2020
Decided On : 07-02-2020
Indian Penal Code, 1860 – Section 376 – Code of Criminal Procedure, 1973 – Sections 173, 207 – Occurrence is alleged to have been taken place and first information report was lodged by Victim –Investigation of case was conducted by police, on which cognizance had already been taken by the Magistrate concerned – As per the case of the accused-applicant, same first information report was also registered at Book No. 036428, but on account of some irregularities, original copy of the same was not forwarded to court – Order had been challenged by applicant in Criminal Revision before Sessions Judge, which has been dismissed by order – Both aforesaid orders have not been further challenged by applicant, and as such same have attained finality –Applicant again moved applications for providing copy of first information report registered at Book but the said applications were again rejected vide order – Held, Order sheet reveals that cognizance in this case was taken Magistrate concerned directed concerned clerk to get copies of all prosecution documents prepared for supply of those copies to accused and committal of case, but from that day applicant started sending adjournment application seeking exemption of his personal appearance on 34 dates and thereafter accused-applicant adopting different modus operandi by hook or by crook delayed the trial proceedings –Valuable time of court below has been wasted only in deciding applications under Section 207 Cr.P.C. moved by applicant on one ground or others –Order is quashed only to extent, whereby prayer of accused-applicant for providing documents accompanied police report under Section 173 Cr.P.C. has been refused – So far as applicant's request for demand of copy of F.I.R., which was inadvertently registered at Book is hereby rejected – Petition partly allowed (Paras 35 to 37)
Facts of the Case
Whether any document which is neither part of case diary nor police report under section 173 Cr.P.C., on which the prosecution does not propose to rely can be given to accused in compliance of provisions contained under section 207 of Code of Criminal Procedure ?”
(ii) “Whether documents as mentioned in section 207 of Code of Criminal Procedure can be supplied to accused even after commitment of case to the Court of Sessions, in case same has not been supplied to accused either in full or in part before commitment of case to the Court of Sessions?
Finding of the Court
Order sheet reveals that cognizance in this case was taken Magistrate concerned directed concerned clerk to get copies of all prosecution documents prepared for supply of those copies to accused and committal of case, but from that day applicant started sending adjournment application seeking exemption of his personal appearance on 34 dates and thereafter accused-applicant adopting different modus operandi by hook or by crook delayed the trial proceedings –Valuable time of court below has been wasted only in deciding applications under Section 207 Cr.P.C. moved by applicant on one ground or others –Order is quashed only to extent, whereby prayer of accused-applicant for providing documents accompanied police report under Section 173 Cr.P.C. has been refused – So far as applicant's request for demand of copy of F.I.R., which was inadvertently registered at Book is hereby rejected.
Result: Petition partly allowed
JUDGMENT :
1. Heard Mr. Indra Kumar Chaturvedi, learned Senior Advocate assisted by Mr. Siddhartha Kumar Mishra, learned counsel for applicant and Mr. Virendra Kumar Maurya, learned Additional Government Advocate, assisted by Mr. Vikash Chandra Tewari, learned brief holder for the State of U.P./opposite party No.1 and perused the record with the assistance of learned counsel for the parties.
2. This application under section 482 of Code of Criminal Procedure, (herein-after referred to as 'Cr.P.C'.) has been preferred by the applicant against the order dated 19.12.2019 passed by the learned Additional Sessions Judge (Fast Track Court-I), Bhadohi-Gyanpur in Sessions Trial No. 87 of 2018 (State vs Shri Prakash Mishra) arising out of Case Crime No. 94 of 2010, under section 376 IPC, police station Aurai, district Bhadohi, whereby application No. 6 Kha, dated 10.04.2018 under section 207 Cr.P.C. moved on behalf of the applicant has been rejected. Further prayer has been made to direct the trial court to supply the copy of relevant documents as mentioned in the application dated 10.04.2018 as per provision of section 207 Cr.P.C.
3. The main issues, which have arisen for consideration in the present case, are as under:
(ii) “Whether documents as mentioned in section 207 of Code of Criminal Procedure can be supplied to accused even after commitment of case to the Court of Sessions, in case same has not been supplied to accused either in full or in part before commitment of case to the Court of Sessions?”
4. After going through the record of this case, I find that this is an old case of the year 2010 and is being unnecessarily dragged since long on the issue of compliance of the provisions provided under section 207 of Cr.P.C. Since, this case has a chequered history in this regard, therefore, before delving into the issue, it is necessary to mention factual matrix of the case in brief. The occurrence is alleged to have been taken place on 26.03.2010 at village Sikarha, police station Handia, district Allahabad and the first information report was lodged by victim on 27.03.2010 registered at Book No. 036427 at police station Aurai district Sant Ravidas Nagar (Bhadohi). The investigation of the case was conducted by the police of police station Aurai, district Sant Ravidas Nagar and the charge sheet was submitted on 14.06.2010 against the applicant, on which cognizance had already been taken by the Magistrate concerned on 22.06.2010.
5. As per the case of the accused-applicant, same first information report was also registered at Book No. 036428, but on account of some irregularities, original copy of the same was not forwarded to court. On 05.11.2011, 06.06.2011, 08.09.2015 and 12.05.2016, applications were moved on behalf of the applicant to provide copy of all the documents/police papers along with copy of first information report registered at Book No. 036428. The aforesaid applications of the applicant has been decided vide order dated 28.05.2016 directing the concerned clerk to prepare copy of all the documents, on which prosecution proposes to rely and to provide the same to the applicant, but so far as the prayer of the applicant for providing copy of first information report registered at Book No. 036428 is concerned, the same was rejected by the same order dated 28.05.2016 observing that as per report submitted by police, the first information report dated 27.03.2010 of this case was registered at Book No. 036427, original copy of said first information report is available on record and considering the same, cognizance of this case was taken by the Magistrate. It is also observed that due to inadvertent mistake, on the basis of same information, another first informat
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