- (1.) We had by our order dated 3.4.2012 directed the petition to be listed before us for deciding the issue as to whether an accused or a victim of an offence was entitled to a copy of the statement of the victim recorded under Section 164, Cr.P.C. by a judicial Magistrate, if an application is duly made and the court fee which is required for obtaining such a copy of such statement is paid by the desirous person.
(2.) It so happened that while hearing this petition, we are informed that it was in practise in the State of U.P. in various courts that they refuse to supply the certified copies of 164 Cr.P.C. statement of a witness or the victim of an offence even if the party is willing to obtain a copy of such a document and is ready to pay the cost legally admissible for issuing the same.
(3.) We were in fact not ready to accept the contention. We were, prima facie, of the view that a statement under Section 164, Cr.P.C. was required to be recorded by a judicial Magistrate under that particular section in due discharge of his judicial functions and, as such, the act of recording the statement was a judicial act which was performed by a public servant while discharging his judicial functions and in our considered view that particular document is relevant under Section 35 of the Evidence Act as also under Section 72 of the Indian Evidence Act and as such, assumes the character of being a public document." 1. We further went on to pass the following order:- "We require the District and Sessions Judge, Bareilly also to furnish a report as to under what circumstances the copy, which was applied for of the above noted document, was refused to be supplied to the present petitioner. In the meantime, we wish that the petitioner had filed the rejected copy of the application for copy on the present record.";