Inspite of the mandatory requirement specified in Section 172(1B) of the Code which has come into force w.e.f. 31.12.2009. The same postulates that the diary referred to in sub section (1) of Section 172 shall be in volume and duly paginated. The dictionary meaning of term "volume" reads as follows : "Volume : a book forming part of a work or series. A single book or a bound collection of printed sheets.
[see Oxford English Dictionary, Indian Edition, Eleventh
Edition]
3. The purpose of the amendment is to ensure that possibility of tampering with the case diary or realigning the same at a later date to subserve the prosecution case or the investigation done, is completely ruled out.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Mrs.Atluri Padma Venkateshwara Rao Vs. P.I. Pawar, & others.
CRIMINAL WRIT PETITION NO.2315 OF 2010
CORAM : A.M. KHANWILKAR AND A.R. JOSHI, JJ.
DATED : 27th JANUARY, 2011.
Citation : 2011 CRLJ 1493 Bom
1. Pursuant to the directions issued on the earlier occasion, the
Public Prosecutor has produced case diary in connection with the
missing complaint in question. When we waded through the said case
diary, it was noticed that it was in the form of loose papers tagged
together. It was not even paginated. We, therefore, called upon the
learned Public Prosecutor to disclose the guidelines issued by the
Department to the Police Officers pertaining to maintenance of case
diary. He submits that as per the instructions received by the police
officer, and in particular CID officers, the case diary is maintained in
loose leafs and copy thereof is submitted to the superior officer from
time to time. According to him, therefore, there is no possibility or
likelihood of the same being tampered. Further, there is no provision in
the Criminal Manual which mandates maintenance of bound case diary
much less duly paginated. This submission was made on instructions of
the Police Officers (1) Mr.S.S. Doddamani, Superintendent of Police,
CID, Kolhpur Range & (2) Mr.Dilip Pandurang Jadhav, Dy.
Superintendent of Police, CID, Kolhapur, who were present in Court.
2. We are shocked to hear such argument by the Public Prosecutor
that too instructions given by such senior Police Officers, inspite of the
mandatory requirement specified in Section 172(1B) of the Code
which has come into force w.e.f. 31.12.2009. The same postulates that
the diary referred to in subsection (1) of Section 172 shall be in
volume and duly paginated. The dictionary meaning of term "volume"
reads as follows :
"Volume : a book forming part of a work or series.
a single book or a bound collection of printed sheets.
[see Oxford English Dictionary, Indian Edition, Eleventh
Edition]
3. The purpose of the amendment is to ensure that possibility of
tampering with the case diary or realigning the same at a later date to
subserve the prosecution case or the investigation done, is completely 3
4-wp2315-10
ruled out.
4. Realizing this position, learned Public Prosecutor submits that
the concerned officials will take corrective measures forthwith. We are
not so much concerned about compliance of that requirement in the
case before us, but we are at a loss to know as to why the Home
Department has so far not informed all the Police Officials who are
expected to maintain the case diary, about the changed legal position
which has come into effect from 31.12.2009. The fact that the Senior
Police Officers of the rank of Superintendent of Police are not aware
about such change, presupposes that the other Officers including the
Officers lower in rank must be totally unaware about such requirement.
5. We therefore direct the Secretary of the Home Department to
forthwith issue appropriate instructions to all concerned to comply
with the mandate of changed legal position which has come into force
w.e.f. 31.12.2009; and which must be observed by every Police Officer
entrusted with the investigation of a case under Chapter XII of the
Code, to maintain case diary in the form so prescribed. Such
instructions be issued forthwith in any case not later than two weeks
from today. Needless to observe that the trial Courts across the State
must also insist for compliance of the above requirements in every case 4
4-wp2315-10
before them hereafter.
6. The case diary which was produced before us is returned to the
Public Prosecutor.
7. At the request of the Public Prosecutor, we accede to the request
of the Investigating Officers to grant further four weeks time to submit
their further progress report. Accordingly, stand over to 24.2.2011.
(A. R. JOSHI, J.) (A. M. KHANWILKAR, J.)
[see Oxford English Dictionary, Indian Edition, Eleventh
Edition]
3. The purpose of the amendment is to ensure that possibility of tampering with the case diary or realigning the same at a later date to subserve the prosecution case or the investigation done, is completely ruled out.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Mrs.Atluri Padma Venkateshwara Rao Vs. P.I. Pawar, & others.
CRIMINAL WRIT PETITION NO.2315 OF 2010
CORAM : A.M. KHANWILKAR AND A.R. JOSHI, JJ.
DATED : 27th JANUARY, 2011.
Citation : 2011 CRLJ 1493 Bom
1. Pursuant to the directions issued on the earlier occasion, the
Public Prosecutor has produced case diary in connection with the
missing complaint in question. When we waded through the said case
diary, it was noticed that it was in the form of loose papers tagged
together. It was not even paginated. We, therefore, called upon the
learned Public Prosecutor to disclose the guidelines issued by the
Department to the Police Officers pertaining to maintenance of case
diary. He submits that as per the instructions received by the police
officer, and in particular CID officers, the case diary is maintained in
loose leafs and copy thereof is submitted to the superior officer from
time to time. According to him, therefore, there is no possibility or
likelihood of the same being tampered. Further, there is no provision in
the Criminal Manual which mandates maintenance of bound case diary
much less duly paginated. This submission was made on instructions of
the Police Officers (1) Mr.S.S. Doddamani, Superintendent of Police,
CID, Kolhpur Range & (2) Mr.Dilip Pandurang Jadhav, Dy.
Superintendent of Police, CID, Kolhapur, who were present in Court.
2. We are shocked to hear such argument by the Public Prosecutor
that too instructions given by such senior Police Officers, inspite of the
mandatory requirement specified in Section 172(1B) of the Code
which has come into force w.e.f. 31.12.2009. The same postulates that
the diary referred to in subsection (1) of Section 172 shall be in
volume and duly paginated. The dictionary meaning of term "volume"
reads as follows :
"Volume : a book forming part of a work or series.
a single book or a bound collection of printed sheets.
[see Oxford English Dictionary, Indian Edition, Eleventh
Edition]
3. The purpose of the amendment is to ensure that possibility of
tampering with the case diary or realigning the same at a later date to
subserve the prosecution case or the investigation done, is completely 3
4-wp2315-10
ruled out.
4. Realizing this position, learned Public Prosecutor submits that
the concerned officials will take corrective measures forthwith. We are
not so much concerned about compliance of that requirement in the
case before us, but we are at a loss to know as to why the Home
Department has so far not informed all the Police Officials who are
expected to maintain the case diary, about the changed legal position
which has come into effect from 31.12.2009. The fact that the Senior
Police Officers of the rank of Superintendent of Police are not aware
about such change, presupposes that the other Officers including the
Officers lower in rank must be totally unaware about such requirement.
5. We therefore direct the Secretary of the Home Department to
forthwith issue appropriate instructions to all concerned to comply
with the mandate of changed legal position which has come into force
w.e.f. 31.12.2009; and which must be observed by every Police Officer
entrusted with the investigation of a case under Chapter XII of the
Code, to maintain case diary in the form so prescribed. Such
instructions be issued forthwith in any case not later than two weeks
from today. Needless to observe that the trial Courts across the State
must also insist for compliance of the above requirements in every case 4
4-wp2315-10
before them hereafter.
6. The case diary which was produced before us is returned to the
Public Prosecutor.
7. At the request of the Public Prosecutor, we accede to the request
of the Investigating Officers to grant further four weeks time to submit
their further progress report. Accordingly, stand over to 24.2.2011.
(A. R. JOSHI, J.) (A. M. KHANWILKAR, J.)
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