M HIGH COURT OF CHHATTISGARH AT BILASPUR Criminal Revision (PR) No. 5122] 2008 CK R é / a g é uran‘ Prasad Awasthi, son of Late hri Kumbhaj Pxasad Awasthi, aged about 26 years, resident of villae Bhmdakala, Tehsil and Disrict Durg, hhattisgarh. State of Chhattisgarh thmugh Police Station Dongergacn, Distt Rajnandgaon, Chhattisgarh. REVISION UNDER 3ECTION 397 READ WITH SECTION 401 OF THE E (S :Hon’ble Mr. T.P.8harma, J.) Presenty Shri Amrito Das, Advocate for the alicant. W COD OF CRIMINAL PROCEDURE 1973 Ms. $angeeta Mishra, P.L. for the State/respondent. ORAL- ORDER {Passed on 07/0112009) is petitian 1's directed against the order dated 24/ 10/2008 passed by Judicial Magisttat First Class, Rajnandgaon in criminal case No. 642008 which has been committed to the Court of Sessions (Sessions Trial No’. 86/2007 on the ground that without complying mandatoxy provisions of Section 20 of the Code of Crimina Pmceduze, 1973 (heminafter reerred to as ‘the cod. l f e’) Court below has committed to the Court of Sessions and themby committed an illegality. ACCUSED REVISIONER M S g t C VERSUS RESPONDENT PROSECUTION ric B ' pp Th e 8/ ) 7 2. Shri'Aim-ito Das, Advocate for the applicant and Ms. Sangeem Mishra, P.L. for the State are heaid‘ 3. Order impugned perused. 4. Leaxned counsel. for the applicant submits that offence against the applicant is exclusively trial by the Court of Sessions \\\ and Court below is under obligation in accordance with Cw£ 6a/cg @ Code to furnish the copy of charge-sheet free of cost and only aftcr fuxnishing a copy Le. complymg the provisions of Section 207 of the Code, the Court below is competent to commit the case to the Court of Sessions in acconiance with secu'on 209 of the Code but Oourt below has failed to furnish the legible copy of the charge- sheet which Ieveals fmm the order dated 14/ 10/2008. Learned counsel for the State opposed the petition and submits that it is clear from the order dated 24/ 10/ 2008 that Court below has furnished the copy of the charge-sheet to the applicant and has not committed any illegality. It mveals h‘om the cider dated 14/ 10/ 2008 that Court below has furnished the copy of memoxandum and seizure to the applicant and at the request of the prosecution time was granted to the prosecution for supply of the complete rest documents and case was hxed for 24/ 10/2008. On 24/ 10/2008 Court below has recorded the nnding that in compliance of the order dated 13/ 8/ 2008 prosecution has furnished the copy of the charge-sheet to the applicant on 14/ 10/2008 and dually committed the case to the Court of Sessions. However, order dated 14/ 1012008 shows that at the request of prosecution time has been gianted to the prosecution for furnishing the rest copy of the document and case was fixed for 14/ 10/ 2008. It clearly shows that till 24/ 10/ 2008 no complete copy of charge~sheet was furnished to the applicant. Section 207 of the Code relates to the supply of copy of document which reads as under:- ‘207. Supply to the accused of copy of police report and other documents:- (Ml 6 6 /03 M3_ 0% In any case where the proceeding has been instituted on a police report, the Magistrate shall without delayfumish to the aoaused, free of cost, a copy of each of the following;- (i) the police report; (ii) the first irgfomuztion report rewrded under Section 154; (iii) the statements recorded under sulrsedion (3) of Section 161 of all persons whom the prosewtion proposes to examine as its witnesses, excluding therefrom any part in regard to which a requestfor such exclusion has been made by the police Qh‘ioer under sub-section (6) ofsection 1 7‘3; (iv) the confessions and statements, if any, recorded under section 1 64; (v) any other dooument or relevant , extract thereof forwarded to the magistrate with the police report under sub-section (5) ofsection 1 73; Provided that the Magistrate may, after perusing any such part of a statement as is referred to in clause (iii) and considering the reasons given by the police emcerfor the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall bejymished to the accused; Provided further that if the Magistrate is satisfied that any document referred to in clause (v) is voluminous, he shall, instead of furnishing the acwsed with a copy thereof, direct that he will only be allowed to inspea it either personally or through pleader in Court. 7. Secu'on 209 of the Code provides the procedum for committal of the case in case of oEence exclusively tiial by the Court of Sessions which reads as under:- 209. Commitment of case to Court of Session when ogence is trtablc exclusively by it-When in a case instituted on a potice report or otherwise, the accused appears @R 6a /03 g? ._ (4f or is brought before the Magistrate and it appeam to the Magt‘strate that the oeenoe is triable exchlsively by the Court of Session, he shall- (a) Commit, after oonqalying with the provisions 0f y section 207 or section 208, as ihe (use may be, the (use to the Court of session, and suiy’eet to the provisions of this code relating to bail, remand the amused to custody until such commitment has been made; (b) subject to the provisions of this Code relating to bail, remand the aowsed to custody during, and until the conclusion of; the tn'at; (q) Send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence; (d) notify the public Prosemtor of the commitment of the case to the Court of Session. In aoconiance with Sub clause (A) of Section 209 of the code, the Court is mquired to comply the provision of Sections 207 or 208 before committing the case to the Court of Sessions but order— sheet shows that Court below has not complied the provision of Section 207 of the code sdbstantiany and Com below has committed the case to the Court of Sessions because the Court below has already committed the case to the Court of Sessions, any interfemnce in the order impugned would not be proper. Consequently, the petin'on is dismissed. However, the Court of Sessions/Additional Sessions Judge whom before the case is CW {f3 6o /0f1 pending is dimcted to furnish legible copy of tbs charge-sheet, ‘ document which has not been furnished to the applicant befom commencemcnt of the tn‘al. LA. No. 01/2008, application for grant of stay stands disposed of. Certiiied copy as per rules. —,.n Kw Sd/— T.P Shanna Judge