An accused person can’t see the case diary nor can be entitled to a copy of that, ruled the Orissa High Court. While adjudging a case, the State's apex court issued the important direction. It also directed all the parties to take steps accordingly.
As per reports, an accused in his petition had attached the case diary of Rugudi police station in Keonjhar district. The court took note of the matter that an accused person is having access to the case diary.
As per the provision laid out in sub-section (3) of CrPC section 172, an accused is not entitled to a copy of the case diary.
“The sections in CrPC have given opportunity for an unbiased trial to an accused, but that does not mean that he or she will misuse it. All parties, concerned police stations and Court Sub-Inspector involved with this case should take it seriously,” the High Court said.
The High Court noted, “All the courts and police officials attached to the courts should be aware of which case diary of investigating agency or prosecution can be accessed by an accused."
The HC directed Police DG to ensure that all police officials should follow the provisions laid out in CrPC section 172.
The bench comprising Justice Sashikanta Mishra passed the direction while hearing the bail petition of one Shakti Singh.
The HC registry has made all the district courts aware of the ruling. In a letter, the High Court Registry has asked the district courts to make sure that an accused can neither access a case diary nor see it.