Prosecution In All Criminal Cases Shall Furnish List Of Statements, Documents, Material Objects & Exhibits Not Relied Upon By Investigating Officer

Case: Manoj vs State of Madhya Pradesh

Coram: Justices Uday Umesh Lalit, S Ravindra Bhat and Bela M Trivedi

Case No.: CrA 248-250 OF 2015

Court Observation: “Rather than a part of the investigating agency, they are instead, an independent statutory authority who serve as officers to the court. The role of the public prosecutor is intrinsically dedicated to conducting a fair trial, and not for a “thirst to reach the case in conviction”.

Every Accused shall be supplied with statements of witness recorded under Sections 161 and 164 Cr.PC and a list of documents, material objects and exhibits seized during investigation and relied upon by the Investigating Officer (I.O) in accordance with Sections 207 and 208, Cr. PC.

Explanation: The list of statements, documents, material objects and exhibits shall specify statements, documents, material objects and exhibits that are not relied upon by the Investigating Officer. “In view of the above discussion, this court holds that the prosecution, in the interests of fairness, should as a matter of rule, in all criminal trials, comply 80 (2021) 10 SCC 598 97 with the above rule, and furnish the list of statements, documents, material objects and exhibits which are not relied upon by the investigating officer. The presiding officers of courts in criminal trials shall ensure compliance with such rules.”

Previous Posts

CBDT’s Grace Marks Policy for Dept Exam Not Meant to Allow Reserved Category Candidate to Switch Over To General Category: Supreme Court

Reserved Category Candidates More Meritorious than the Last of General Category Candidate Entitled To Get General Category Seat: Supreme Court

High Courts Should Be Slow To Grant Relief Of Quashing Complaint U/Sec 138 NI Act At A Pre Trial Stage: Supreme Court

Inheritance under Mizo Customary Law Depends On Responsibility Carried Out By Legal Heir to Look After Elders: Supreme Court

Power Of Attorney Executed Along With Debt Assignment Deed under SARFAESI Act Not Separately Chargeable Under Bombay Stamp Act: Supreme Court

Cannot Find Favour When Free Speech Is Celebrated – Kerala High Court Quashes Censure against KSEB Cashier For WhatsApp Text Against CM Download Judgement

Keywords

Prosecution, Criminal Cases