Magan Raising vs The State of Gujarat

V.B. Raju, J.—His Lordship after discussing the evidence allowed the appeal and set aside the conviction and sentence passed on the appellant. His Lordship further observed.

Before parting with this case it is necessary to observe that in this case among the record the copies of the police statements of the witnesses were found but not the original. We would like to observe that u/s 207A(6) the Magistrate before whom a committal inquiry is held has to consider all the documents referred to in Section 173 of the Criminal Procedure Code. Section 173 enumerates certain documents and provides that copies of such documents should be given to the accused. Section 207A then provides that all the documents referred to in Section 173 Criminal Procedure Code have to be considered by the Magistrate before he commits or discharges the accused. The phrase all the documents referred to in Section 173 clearly refers to the original documents and not to the copies given to the accused. Section 173 deals with original documents and to only one type of copies viz. copies given to the accused. If the phrase all the documents referred to in Section 173 refers to copies it can only be the copies given to the accused. It is difficult to interpret Section 207 as meaning that the Magistrate should refer to the copies given to the accused. The expression all the documents referred to in Section 173 in Sub-section 6 of Section 207 refers obviously to the original documents and not to the copies of such documents given to the accused under the provisions of Section 173. It is therefore necessary for committing Magistrates to see the original documents referred to in Section 173 and not to copies. It is hoped that all committing Magistrates will bear in mind the provisions of Sub-section 6 of Section 207A Cri. Pro. Code which require them to consider the original documents referred to in Section 173.