Nageshwar Singh v. The State Of Bihar Through The Director Prosecution . Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1079 of 2013 ====================================================== Nageshwar Singh, Son of Late Ram Bahadur Singh, Resident of VillageRamgama, P.S.- Patory, District- Samastipur .... .... Petitioner

Versus

1. The State of Bihar through the Director Prosecution Bihar, Patna

2. The Superintendent of Police, Samastipur

3. The Deputy Superintendent of Police, Samastipur

4. The Registrar, Civil Court, Samastipur

5. The Inspector of Police, Harijan Police Station, Samastipur

6. Most. Sumitra Devi Wife of Late Sakhichand Baitha, Resident of Village- Ramgama, P.S.- Patory, District- Samastipur .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Nitya Nand Neeraj, Advocate For the Respondent/s : Mrs. Shail Kumari, SC-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 07-01-2015 The petitioner has been made accused in Harijan P.S. Case No. 60 of 1995 registered for the offences punishable under Sections 323, 448, 354, 342, 379 of the Indian Penal Code and 3(1) (x) of the S.C. & S.T. (Prevention of Atrocities) Act. Initially, he was granted bail by the Court below. After cognizance of the offence, summon was issued against him on 18th January, 2002. The petitioner failed to appear before the

Patna High Court Cr. WJC No.1079 of 2013 (2) dt.07-01-2015 2 / 3 Court and after exhausting all the process, the Court issued process against him under Section 83 of the Code of Criminal Procedure. Till date, the petitioner has not surrendered before the Court.

An averment has been made in paragraph 14 of the writ petition that the petitioner had applied for issuance of certified copy of the case diary but the same was not furnished to him by the copying department.

In the instant writ petition, the prayer of the petitioner is to direct the learned Judicial magistrate-1st Class, Samastipur before whom the case of the petitioner is pending to dispose of the surrender-cum-bail petition of the petitioner filed on 9th January, 2013 in connection with Tr. No. 760 of 2012 (G.R. No. 5 of 1996) arising out of Harijan P.S. Case No. 60 of 1995.

It is apparent from the vakalatnama of the petitioner that the petitioner is not in custody. Admittedly, he is an absconder. It is well settled that copy of police diary is a confidential document. An accused has no right to obtain the same. In compliance of Section 207 of the Code of Criminal Procedure, an accused has a right to obtain statements recorded under Section 161(3) of the Code of Criminal Procedure of all

Patna High Court Cr. WJC No.1079 of 2013 (2) dt.07-01-2015 3 / 3 persons whom the prosecution proposes to examine as its witnesses. However, Section 172(3) of the Code of Criminal Procedure clearly debars the accused from looking into the case diary. The case diary is not a public document and certified copy of case diary can not be supplied to anyone.

In any case unless the petitioner submits himself to the jurisdiction of the court, his application for surrender-cumbail cannot be considered. The petition is thoroughly misconceived.

Accordingly, the writ petition is dismissed.

(Ashwani Kumar Singh, J.) Sanjeet/- U T