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A special court has dismissed a plea of Nagpur-based AMR Iron and Steel Pvt Ltd, which along with Rajya Sabha MP Vijay Darda and others is chargesheeted in a coal blocks allocation scam case, seeking copy of statement of accused recorded by the CBI during its probe.
Special CBI Judge Bharat Parashar rejected the application of the firm saying the probe agency has not relied on the statements of accused while filing the charge sheet and the accused are not entitled to call for such police diaries.
"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.
