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PETITIONER: NARAYAN RAO
Vs.
RESPONDENT: THE STATE OF ANDHRA PRADESH
DATE OF JUDGMENT: 15/07/1957
BENCH: SINHA, BHUVNESHWAR P. BENCH: SINHA, BHUVNESHWAR P. IMAM, SYED JAFFER KAPUR, J.L.
CITATION: 1957 AIR 737 1957 SCR 283
ACT: Sessions Trial-Proceeding on Police Report-Omission of Police Officer to furnish necessary copies to the accused- Duty of inquiring Magistrate-Validity of Proceeding and trial-Code of Criminal Procedure (Act V of 1898), as amended by the amending Act of 1955 (26 of 955), ss. 173(4), 207A (3), 537.
HEADNOTE: The word ’shall’ occurring in sub-s. (4) Of s. 173 and sub- s. (3) Of S. 207A of the Code of Criminal Procedure is not mandatory but directory and a non-compliance with the provisions of those subsections, unless it can be shown to have prejudiced the accused person in his defence, cannot invalidate the commitment proceedings or the subsequent trial. Magistrates holding inquiries under s. 207A(3) Of the Code of Criminal Procedure must, however, be circumspect and see that an accused person is not handicapped in his defence by any omission on the part of the Police Officer to furnish him with necessary copies. Where such non-compliance is found to cause any prejudice to the accused, the Court should in the interest of justice reopen the proceedings and insist on a full compliance with the provisions. When it causes...