Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Annexure of Case Dairy - Whether to Provide as Police Paper to the Accused
Legal Status of Station House Dairy (SHD) - The Station House Dairy is considered a public document maintained by police authorities. It is accessible to the public, and any person can obtain a certified copy of the SHD from the police station if required. The police are obliged to provide the certified copy upon request, and if not available, they can summon the document for court inspection. ["MANJUNATH S/O YALLAPPA KADAM Vs THE STATE OF KARNATAKA - Karnataka"]
Provision of Annexure in Legal Proceedings - Annexures such as the Station House Dairy are integral parts of police records and are often used as evidence in court. The police are expected to produce the relevant dairy entries when required during investigation or trial. The courts recognize these annexures as authentic and admissible evidence, provided proper certification is obtained. ["MANJUNATH S/O YALLAPPA KADAM Vs THE STATE OF KARNATAKA - Karnataka"]
Role in Criminal Cases - The police are not mandated to provide the annexure to the accused as a police paper before trial unless specifically requested. However, the accused has the right to inspect the police records, including the Station House Dairy, during the investigation or at the trial stage. The accused can also summon the dairy to the court for inspection if necessary. ["MANJUNATH S/O YALLAPPA KADAM Vs THE STATE OF KARNATAKA - Karnataka"]
Conclusion - The annexure of the case dairy (Station House Dairy) is a police record and, as such, is not typically provided to the accused as a police paper at the initial stages. However, the accused has the right to access and inspect the dairy through proper legal channels, and the police must produce it in court if required. Therefore, it is not mandatory to provide the annexure as a police paper to the accused unless they specifically request access or it is ordered by the court.
References:- MANJUNATH S/O YALLAPPA KADAM Vs THE STATE OF KARNATAKA - Karnataka_HC_KAHC020164512021: Court observations on the nature of Station House Dairy and the rights of accused to access police records.
In criminal investigations, the case diary plays a pivotal role, but a common question arises: Annexure of Case Diary Shall be Provide to Accused as a Police Paper or Not? This issue touches on the balance between the accused's right to a fair trial and the confidentiality of police records. Understanding this is crucial for lawyers, accused persons, and anyone navigating India's criminal justice system under the Code of Criminal Procedure (CrPC), 1973.
This post breaks down the legal principles, relevant provisions, and judicial insights. Note: This is general information based on legal precedents and not specific legal advice. Consult a qualified lawyer for your case.
The case diary, maintained under Section 172 CrPC, is a daily record by the investigating officer (IO) of investigation proceedings. It includes notes on steps taken, statements, and annexures like seized documents, sketches, or reports.
Annexures are attachments to this diary, such as witness statements or mahazars, but they do not alter the diary's confidential status.
Police papers typically refer to documents the prosecution must supply to the accused. Key provisions include:
Notably absent: The case diary itself. It remains confidential to aid investigation without prejudice 2004 0 Supreme(Pat) 813 2017 4 Supreme 68.
Courts can use the diary to contradict witnesses or refresh memory, but the accused has no general right to inspect or copy it 2012 0 Supreme(Pat) 182 2004 0 Supreme(Pat) 813.
The annexure of the case diary is generally not provided to the accused as a police paper.
The police manual and judgments reinforce: Case diary aids the court, not the defense directly.
Limited access may be granted:
Example from Case Law: In a Karnataka High Court ruling, regarding the Station House Diary: ...it is still open to the accused to summon the Station House Dairy to the Court for the purpose... Station House Dairy is kept in the police station, in my opinion, it is a public document and any person can obtain the certified copy...
MANJUNATH S/O YALLAPPA KADAM Vs THE STATE OF KARNATAKA
. However, this pertains to summoning, not routine provision as police paper.Courts exercise caution to avoid prejudice or breach of confidentiality2004 0 Supreme(Pat) 813 2017 4 Supreme 68.
Related rulings emphasize secrecy:
These align with Supreme Court views: Faulty investigations harm justice, yet diary secrecy prevents abuse (e.g., Lalita Kumari guidelines referenced in 2022 0 Supreme(Pat) 637).
Recommendations:- Rely on supplied police papers for defense.- File applications under Section 172(2) for court-permitted inspection.- Avoid self-procuring diary via RTI – courts reject such evidence 2017 4 Supreme 68.
Summary: The annexure of the case diary is generally not to be provided to the accused as a police paper. It remains a confidential police record used by the court for investigation aid... 2012 0 Supreme(Pat) 182 2004 0 Supreme(Pat) 813.
Key Takeaway: The case diary is a police record not to be provided to the accused as a police paper, except for specific entries like statements under Section 161 CrPC, and only under judicial discretion.
For personalized guidance, approach a criminal lawyer. Stay informed on CrPC updates to protect your rights effectively.
#CaseDiary #CrPC #AccusedRights
f) The Municipal Corporation, Amritsar shall provide Effluent Treatment Plant (ETP) of adequate capacity for dairy complex at Village Fatahpur, Chabhal Road, Amritsar and bio gas plant for disposal of cow dung in the dairy complex. ... e) District Development and Panchayat Officer, Amritsar shall provide mesh/net at vulnerable points of Tung Dhab drain to avoid the entry of solid waste....
Annexure 2 TRUE COPY OF THE RECEIPT ISSUED BY THE OACHIRA POLICE STATION DATED 30.10.2023. ... The petitioners filed Contempt of Court Case No.2538/2023 on 06.11.2023 stating that the respondents have not appointed an Administrative Committee in compliance of the interim order. The respondents would submit that they have appointed a Dairy Farm Instructor as Part Time Administrator. ... Rule 35A (e) and (....
The petitioners filed Contempt of Court Case No.2538/2023 on 06.11.2023 stating that the respondents have not appointed an Administrative Committee in compliance of the interim order. The respondents would submit that they have appointed a Dairy Farm Instructor as Part Time Administrator. ... Rule 35A (e) and (n) mandates that polling shall not be interrupted for frivolous reasons. Stoppage of polling on ....
(v) The petitioner shall not commit any offence, while on bail. ... Learned counsel for the petitioner would submit that, she is not aware of the loan amount sanctioned on the application of the defacto complainant, or about the transfer of that amount into the account of the accused persons. ... Annexure-B PHOTOCOPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER AND OTHERS DATED 22/09/2023 BEFORE THE DEPU....
She had filed Annexure-B complaint against accused Nos. 1 and 2 for the financial mismanagement of the dairy farm by accused Nos.1 and 2. ... (iv) The petitioner shall not influence or intimidate the witnesses, or tamper with the evidence; (v) The petitioner shall not commit any offence, while on bail. ... Annexure-C PHOTOCOPY OF TH....
of the said Station House Dairy, if for any reason they do not provide the certified copy of Station House Dairy, it is still open to the accused to summon the Station House Dairy to the Court for the purpose of Station House Dairy is kept in the police station, in my opinion, it is a public document and any person can obtain the certifie....
business and are shown in the dairy development scheme Ablowal annexure P1 which have not been constructed yet. ... In case of non-deposit of this 5% amount, the plot allotted in lucky draw shall be within the city the petitioners already have facility of Milk Collection Center, the petitioners have failed to provide details of the amount already spent or Heard learne....
V M Kumar proposed him as witness vide Annexure S-11 to prove the police case dairy handed over to Zonal Office along with the recorded statements of accused/ witnesses, Mahazars of seizures etc., refer page 23 of investigation report of Mr. V M Kumar. ... (xv) Provide copy of the e-mail sent by Mr. Anand Rao Senior Manager, GOD, Zonal Office, Visakhapatnam along with his wri....
The petitioner was arraigned as an accused on 25.08.2020 vide General Dairy No.051, Annexure P-2, and offence under Section 7 of Prevention of Corruption Act, 1988, was added on the allegation that the accused was a part of the gang, who had extorted the money from the complainant. ... It has been held that the accused is entitled to a reasonable opportunity to fulfil the bail conditions and which may var....
Respondents failed to provide information in respect of all the questions. ... The facts of the case are that the applicant was appointed as Constable (Executive) in Delhi Police on 11.06.2007 and has served with efficiency and integrity, with no complaints against him. ... However, the applicant's objections to questions No.24, 34, and 58 (from Set D) were not accepted. A T.P. message dated 17.02.2022 (Annexure#....
Thus, the police shall supply to the court the 'police paper' in as many copies as the number of accused. This shall include report prepared in terms of section 173(2) of Cr.P.C; first information 'report (FIR) recorded under Section 154; the statements recorded under sub-section (3) of Section 161 of all persons whom the prosecution proposes to examine as its witnesses; the confessions and statements, if any, recorded under section 164 and any other document or relevant extr....
3. I heard the learned senior counsel, Mr. R. Krishnamurthy and Mr. V. Raghavachari, appearing on behalf of the petitioners, Mr. P. Rajarathinam, learned Public Prosecutor, appearing for the 1st respondent, Assisted by Mr. P. Govindarajan, learned Additional Public prosecutor, Mr. N. Ramakrishnan, learned counsel appearing for the respondents 2 to 6 and the learned senior counsel Mr. Aravind Pandian, appearing for the 7th respondent. Perused the voluminous documents produced on behal....
We were scared of accused Lal Babu Mehto and for this reason did not inform the police, however, after two days I gathered the courage to inform the police and made a call to the police." Seeing me, the accused immediately separated my daughter from him and thereafter the accused discharged his semen on a piece of paper and threw the said paper towards the dairy meant for buffalos. Ritika was not wearing the pant/Kachi as she had passed urine some time back in her kachhi.
Where such raw materials or dairy products are removed through conduits, these shall be constructed and installed in such a way so as to avoid any risk of contamination of other raw materials or dairy products; B. GENERAL CONDITIONS OF HYGIENE APPLICABLE TO STAFF. Where a dairy establishment produces foodstuffs containing dairy products, together with other ingredients, which have not undergone heat-treatment, or other treatment having an equivalent effect, such dai....
Section 4 of the Principal Act was amended by Section 3 of the Ordinance by substituting the expression “under the provisions” for “under section 7” in sub-section (1) and adding a Proviso to sub-section (1), namely— “Provided that no Co-operative Society shall be registered as a dairy or milk Co-operative Society and no dairy or milk Co-operative Society registered under any other law shall be converted into a Dairy or Milk o-operative Society under this Act”. After sub-sect....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.