MillenniumPost
Nation

Coal scam: Court dismisses AMR Iron and Steel’s plea

‘It is thus clear that if the prosecution chooses not to rely on any such statement of the accused persons and states that the same forms part of the police diary prepared during the course of investigation, then the court cannot compel the investigating agency to either place it on record along with the report under the provision of the CrPC or to supply a copy thereof to the accused persons,’ the court said.

The judge, however, said that if at any later stage either the court makes use of the case diary for the purpose of contradicting the investigating officer (IO) or the IO himself uses the case diary to refresh his memory at the time of recording of his evidence then certainly the accused may claim a right to see the case diary.

The court said that examination of an accused during the probe, even though as per guidelines laid down in CBI manual (crime) 2005, may be necessary for proper investigation of a case but the ‘prosecution certainly has a right not to place any reliance upon the said statement and the court cannot direct it to either place reliance on such a statement or to make it a part of final report under the provision of CrPC.’

The court passed the order in the case in which CBI had named in its charge sheet Vijay Darda, his son Devendra Darda, Manoj Jayaswal, director of AMR Iron and Steel Pvt Ltd, and the firm as accused for offences under sections 120-B (criminal conspiracy) read with 420 (cheating) of the IPC and under the Prevention of Corruption Act. The order came while the court was deciding the issue as to whether an accused was entitled to a copy of his statement recorded under the provisions of the CBI Manual (Crime), 2005, by the IO during the investigation of an offence.

The counsel for AMR Iron and Steel Pvt Ltd had earlier argued that CBI Manual was required to be mandatorily followed by CBI officers during the probe of any offence and statement of accused was to be recorded in narrative form covering all the important points.

The counsel had submitted that statement of the accused ought to have been filed along with the report under provision of the CrPC and the accused was to be supplied with its copy.

The plea, however, was opposed by the special public prosecutor, who said even if the statements of the accused were recorded by the IO, neither they were being relied upon by the prosecution nor they form part of the judicial record as the same have not been filed along with the CBI’s report under the provisions of the CrPC.
Next Story
Share it