Bedilal Rajak and Others vs State of M.P.

N.S.Azad, J.

Arguments heard.

The order dated 26th October, 1999 of the learned Addl. Sessions Judge, Sehora, Dist. Jabalpur has turned down the petitioners request for supply of copies of statement recorded u/s 174 of the Code of Criminal Procedure, placing reliance on Ashok Dubey v. State of M.P., reported in 1980 JLJ at page 250.

On consideration of this referred case, it is noted that the Division Bench of this Court has expressed no opinion on the point, whether the statements recorded u/s 174 of the Cr.PC are required to be furnished to the accused as of right, because in that case, the statements were already supplied and the question became of academic discussion, as pointed out in Paragraph 48 at page 267.

It is found clearly explained by this Court in Chads Victor v. State of M.P., reported in M.P. Weekly Notes 2000(1) Note 282 that the statements recorded u/s 174, Cr.PC (Marg) should be supplied to the accused as they are previous statements.

Consequently, this revision petition is allowed and it is directed that the statements of the witnesses recorded u/s 174 of the Cr.PC be supplied to the petitioners promptly, before their right to cross-examine these witnesses, is over.

C.C. as per rules.