Criminal procedure document production: uncited investigation report not supplied under Section 207, but may be sought under Section 91.

Section 207 CrPC confines mandatory supply to the police report and documents forwarded with the charge sheet, so an internal enquiry report collected during investigation but not filed with the magistrate was not required to be supplied. Section 91 CrPC, however, permits production of a document if it is necessary or desirable for investigation, inquiry or trial, including use to confront prosecution witnesses. The accused's request for copies under Section 207 therefore failed, but the accused remained entitled to seek production of the same report under Section 91 at the relevant stage of trial for fair-trial purposes.

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Issues: (i) Whether the accused was entitled under Section 207 of the Code of Criminal Procedure, 1973 to copies of an internal enquiry report collected during investigation but not filed with the charge sheet. (ii) Whether, despite non-supply under Section 207, the accused could seek production of the same document under Section 91 of the Code of Criminal Procedure, 1973 for use during trial, including confrontation of prosecution witnesses.

Issue (i): Whether the accused was entitled under Section 207 of the Code of Criminal Procedure, 1973 to copies of an internal enquiry report collected during investigation but not filed with the charge sheet.

Analysis: Section 207 requires supply of the police report and the documents forwarded to the Magistrate with the report under Section 173(5). The statutory entitlement is confined to documents forming part of the police report record and relied upon by the prosecution. A document collected during investigation but not forwarded with the charge sheet does not fall within the mandatory supply contemplated by Section 207.

Conclusion: The accused was not entitled under Section 207 to copies of the internal enquiry report, and rejection of that request was upheld.

Issue (ii): Whether, despite non-supply under Section 207, the accused could seek production of the same document under Section 91 of the Code of Criminal Procedure, 1973 for use during trial, including confrontation of prosecution witnesses.

Analysis: Section 91 empowers the court to summon any document that is necessary or desirable for investigation, inquiry, trial or other proceedings. The necessity of production depends on the stage of proceedings and the purpose for which the document is sought. A document favourable to the accused is not confined to the stage of defence evidence alone if it can be used to confront prosecution witnesses and assist a fair trial. The internal enquiry report, containing witness statements, could therefore be relevant for cross-examination during prosecution evidence as well as at the defence stage.

Conclusion: The accused could invoke Section 91 for production of the document, and the trial court was directed to consider and allow such an application on necessity, desirability, and stage of trial.

Final Conclusion: The challenge to denial of copies under Section 207 failed, but the accused was left at liberty to seek production of the document under Section 91 for fair trial purposes, including use during cross-examination.

Ratio Decidendi: Section 207 governs only documents forwarded with the police report, whereas Section 91 may be used to secure production of a document not so forwarded if its production is necessary or desirable for a fair trial at the relevant stage of proceedings.

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