BHAGWANTIOTHER Vs. STATE

JUDGEMENT

(1.) THIS order governs the disposal of Criminal Revision Petition filed by the petitioners under Section 397/401 of Criminal Procedure Code. Heard learned counsel for the petitioners and perused the impugned order dated 5th January, 2010 passed by Additional Sessions Judge (Fast Track) No.1, District Jaipur.

(2.) LEARNED counsel for the petitioners has canvassed that a police report under Section 173(2) of Cr.P.C. came to be filed by police before the Judicial Magistrate Chomu, District Jaipur on 21st November, 2009 in the offences under Section 147, 148, 323, 341, 302 and 120 -B and read with Section 149 of IPC. The case was committed by the Judicial Magistrate, Chomu on 27th November, 2009 to the Sessions Judge, Jaipur, District Jaipur for trial. On 21st November, 2009, albeit the police report was filed by the police but a copy thereof was not supplied to the accused persons namely Phool Chand Meena, Rampratap Meena and Smt. Bhagwati Devi. That day, only the accused Rampal Meena had appeared in the Court from Judicial custody and a copy of challan was supplied to him. It is the duty of the Court to supply a copy of police report to all the accused persons free of cost, but the provisions of Section 207 of Cr.P.C. were not complied with by the learned Magistrate. He filed an application before the Court of Additional Sessions Judge (Fast Track) No.1, District Jaipur, but the same was dismissed.

(3.) SECTION 207 of Cr.P.C. envisages the supply of a copy of police report along with other relevant record to the accused without any delay.