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The Supreme Court, on 8th October 2020, in the matter of Miss ‘A’ v. State of Uttar Pradesh and Anr. stated that no person is entitled to a copy of statement recorded under Section 164 of the CrPC till cognizance is taken and at the stage contemplated by Sections 207 and 208 of the CrPC and not before that
The Hon’ble Supreme Court observed that:
The Scheme of the relevant provisions of the CrPC shows that after the conclusion of the investigation, an appropriate report under Section 173 of the CrPC has to be filed by the police giving information. In the light of Section 190 of the CrPC, the concerned Magistrate may take cognizance of any offence inter alia upon a police report. At further stage of exercise of power under Section 190 of the CrPC, the Magistrate may fit that the matter requires further investigation on certain aspects and may pass appropriate direction. It is only after taking off the cognizance that the accused is entitled, in terms of Sections 207 and 208 of the Code, to copies of the documents.
The filing of the charge-sheet by itself does not give right to accused copies of any of the documents including a statement under Section 164 of the Code unless the stages which are indicated above are taken.
Till the suitable orders are passed in the court after the charge-sheet is filed no person is entitled to a copy of the statement which is recorded under Section 164 of the CrPC. The right to receive a copy of such statement will come only after cognizance is taken and at the stage which is been contemplated by Sections 207 and 208 of the CrPC and not before that under no circumstances copies of statements recorded under Section 164 of the CrPC can be furnished till appropriate orders are passed in the Court after taking cognizance.
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