Decided on March 22,1988

Rabindra Nath Nayak And Ors. Appellant
STATE Respondents


S.C. Mohapatra, J. - (1.) HEARD Mr. Pattanayak, the learned Counsel for the petitioners and Mr. D. P. Sahu, the learned Public Prosecutor appearing in this case.
(2.) RELYING on a decision reported in K. Achuta Rao v. State of Orissa, it is submitted that non -supply of police papers under Section 173, Cr. P.C. amounts to harassment to the accused persons. In case the non -supply of police papers is deliberate or on account of negligent act the same may amount to harassment, but mere non -supply will not amount to harassment There cannot be any universal rule that the non -supply by itself will amount to harassment to the accused persons. The reported decision is accordingly, distinguishable. Mr. Pattanayak submitted that the criminal proceeding is continuing for about three years and the accused persons are made to appear on each day to which the case is posted fruitlessly at the pain of arrest for non -appearance. In case the police papers are not made ready, Court should not fix dates at short intervals and in case the accused persons apply for representation, the same should be allowed by the trial court which would mitigate the grievance of the accused persons and protect them from appearing on each date. On the representation being allowed, the accused persons shall be directed to appear as and when actually necessary for the purpose of Bearing of the case against them.
(3.) MR . Pattanayak further submitted that for expeditious disposal of the criminal proceeding accused persons shall apply for certified copies of those police papers which are to be supplied to them free of cost under Section 173, Cr. P.C. If application as submitted is made, the certified copies be supplied at the cost of the petitioners and no further free copy need be supplied. In case application is made for certified copies, the same would be an added ground for allowing representation of the accused persons till the copies are made ready for being supplied.;

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