MR.MAHESH BHAGWATI,J. - (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. Section 207 of Cr.P.C. reads as under: Section 207:Supply to the accused of copy of police report and other documents; In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following: (i)the police report: (ii)the first information report recorded under Section 154; (iii)the statements recorded under sub -section (3) of section 161 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made bdy the police officer under sub - section (6) of section 173; (iv)the confessions and statements, if any, recorded under section 164; (v)any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub -section(5) of Section 173: Provided that the Magistrate may, after perusing any such part of a statement as is referred to in clause (ii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused: Provided further that if the Magistrate is satisfied that any document referred to in clause (v) is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in Court. 4A. It goes without saying that the duty is cast upon the Court to supply a copy of the police report without delay to the accused free of cost. It is mentioned nowhere in the order -sheet dated 21st November, 2009 and order -sheet dated 27th November, 2009 recorded by the Judicial Magistrate, Chomu, Jaipur that a copy of the police report was supplied to all these three accused persons. The learned Additional Sessions Judge (Fast Track) No.1, District Jaipur, dismissed -4 - the petition of the petitioners on the ground that no objection with regard to non -supply of the copy of the police report was made by the petitioners before the Judicial Magistrate, Jaipur. It is not material as to whether the objection by the petitioners was raised before the learned Judicial Magistrate for supply of copy or not.;