Case Note & Summary
The appellant, Mohammed Shiyab, was involved in a murder incident on 26 July 2022 at Sullia town, leading to the registration of Crime No.63 of 2022. The case was subsequently transferred to the National Investigating Agency (NIA) under Sections 16 and 18 of the Unlawful Activities (Prevention) Act, 1967, and registered as RC-36/2022/NIA/DLI. The appellant filed a writ petition seeking a direction to the trial court (49th Additional City Civil and Sessions Judge and Special Court for Trial of NIA Cases at Bengaluru) to sign or initial each page of the case diary from page 1 to the last page and to continue this practice until the filing of the charge sheet. The learned Single Judge dismissed the petition on 20 December 2023. The appellant then filed a writ appeal under Section 4 of the Karnataka High Court Act, 1961. The Division Bench heard the appeal and considered the submissions. The court noted that the case diary is a police document maintained under Section 172 of the Code of Criminal Procedure, 1973, and there is no statutory requirement for the trial court to sign or initial each page. The court held that the practice sought by the appellant is not mandated by law, and the trial court's role is limited to perusing the case diary for the purposes of the trial. The appeal was dismissed as devoid of merit.
Headnote
A) Criminal Procedure - Case Diary - Signing of Pages - No Statutory Requirement - Code of Criminal Procedure, 1973, Sections 172, 173 - The appellant sought a direction to the trial court to sign or initial each page of the case diary. The court held that there is no provision in the CrPC requiring the trial court to sign or initial each page of the case diary. The case diary is a police document maintained under Section 172 CrPC, and the court's role is limited to perusing it for trial purposes. The appeal was dismissed as devoid of merit. (Paras 1-5)
Issue of Consideration
Whether the trial court can be directed to sign or initial each page of the case diary in an NIA case, and whether such a practice is required by law.
Final Decision
The appeal is dismissed. The order of the learned Single Judge dated 20.12.2023 in Writ Petition No.1781/2023 is confirmed.
Law Points
- No statutory requirement for trial court to sign each page of case diary
- Practice not mandated by CrPC
- Case diary is a police document
- Court cannot issue directions without legal basis
