Neither CrPC Nor State Rules Provide That Case Diary Should Be Signed At Each Page By Investigating Officer: Karnataka HC

The Court was hearing a Writ Appeal seeking directions for the 49th Additional City Civil and Sessions Judge and Special Court for NIA Cases to sign or put initial to each page of the case diary registered under Sections 120B, 302 read with Section 34 of the IPC and Sections 16 and 18 of the UAPA, from the first to the last page, and to continue that practice until the charge sheet is filed. Additionally, it was requested that the practice be adopted for all cases pending before the Court.

The bench of Chief Justice NV Anjaria and Justice KV Aravind observed, “Neither the statute nor the Rules anywhere provide that the diary should be signed at each page by the investigating officer.”

Advocate Mohammed Tahir appeared for the Appellant and Advocate P Prasanna Kumar appeared for the Respondent.

Brief Facts-

The Petitioner was implicated in a murder case. Initially filed as a Crime case, it was later transferred to the NIA under Sections 16 and 18 of the UAPA. The trial Court denied the Petitioner’s request to summon and authenticate each page of the case diary on the grounds that no provision exists for such an action.

The Court perused Section 172 CrPC and observed, “The aforesaid provision says that the police officer would enter his proceedings in the investigation day to day in the diary noting therein the time, places visited and the statement of circumstances ascertained through investigation. The statement of the witnesses recorded under Section 161 would be inserted in the case diary. Sub-Section (2) of Section 172 in terms provides that the police diaries may be called for by the Court, however, the diary cannot be used as evidence in the case. It can be used only to aid the inquiry or trial. Sub-Section (3) contemplates that the accused or his agents are not entitled to call for such diaries nor they are entitled to see that.”

The Court noted, “the police diary is not to be treated as part of evidence, but the court takes the assistance and aid therefrom.”

“The section does not contemplate anywhere that every page of such diary should be signed by the investigating officer. The Rules of Practice of the Karnataka State regarding investigation also do not contain any such providence.”, the Court added.

Accordingly, the Court dismissed the present Appeal.