There cannot be
any discrimination between the accused in a complaint case and
accused in police case so far as criminal justice system is concerned.
They be treated on par with each other. To raise a proper defence and
cross examine the concerned witnesses is a legal and lawful right of the
accused. The accused cannot be deprived of his right to study the
documents on which the prosecution or complaint case rests. Non-
supply of relevant documents relied upon by the police or the
complainant to accused amounts to denial of fair trial and justice.
Hence, sec. 207, Cr.P.C. needs to be construed and interpreted
harmoniously with sec. 208, Cr.P.C. so as to achieve the object of
As a sequel, 'police report' appearing in section 207, Cr.P.C.
needs to be construed to have impliedly taken in its arms the word
'complaint' too. If the prejudice is likely to cause to accused or fair trial is
not possible due to non-supply of documents to accused, the Court do
supply the concerned documents to accused with the devout object of
justice
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