- (1.) P. P. Gupta, J. The petitioners have moved this petition under Section 482, Cr. P. C. praying for quashing the orders dated 29-1-92 and 10-4-92 passed by the II Addl. Sessions Judge, Banda in Sessions Trial No. 36 of 1992 of P. S. Mataundh, District Banda.
(2.) SRI R. Pandey, learned counsel for the informant and the learned A. G. A. appearing for the State stated before the Court that they will not file any counter-affidavit. Thus, this petition was finally heard and disposed of at the stage of admission. Learned counsel for the petitioners did not press the prayer for quashing the order dated 29-1-92 passed by the learned Sessions Judge. He, however, confined his prayer for quashing the order dated 10-4-92 only. Admittedly, statement of PW 1 Vijay Pal Singh was also recorded by the C. I. D. but his copy of statement so recorded was not given to the accused petitioners. They made a prayer before the Sessions Judge for sup plying them with a copy thereof but that prayer was turned down by the learned Sessions Judge by his order dated 25-4-92. Learned A. G. A. and the learned counsel for the respondents conceded that the accused have got a right to get the copies of the statements recorded during investigation. It hardly matters that after the completion of the investigation by the Civil Police, the case was taken over by the C I. D. who recorded the statement of Vijai Pal Singh, Since his statement was recorded by the C. I. D. during investi gation, the accused petitioners have got a right to get a copy thereof. The learned Sessions Judge has therefore, committed an error is rejecting the prayer of the petitioners for supplying them copy of the statement of Vijai Pal Singh recorded by the C. I. D. This petition must, therefore, be allowed.
(3.) IN view of the above, the petition is allowed and the impugned order dated 10-4-92 (Annexure-2 to the petition) is hereby quashed. The learned Sessions Judge is directed to supply a copy of the statement of PW 1 Vijai Pal Singh and other witnesses on whom the prosecution relies recorded by the C. I. D. to the petitioners and thereafter to proceed with the case in accordance with law expeditiously. With these directions the petition is hereby disposed of finally. Ad-interim order dated 18-5-92 is hereby vacated.;