Fair disclosure in criminal procedure requires supply of all Section 207 material unless exclusion is specifically requested.

At the charge stage, the accused were entitled to copies of all statements and documents collected during investigation that fell within the scope of Section 207 of the Code, not only the material relied on by the prosecution. Section 173(6) permits withholding only where the police officer specifically seeks exclusion of a statement or part of it for recorded reasons; absent such a request, full disclosure is required. The court emphasised that fair investigation and fair disclosure are integral to a fair trial, and held that the order directing supply of the material suffered from no legal infirmity.

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Issues: Whether the accused, at the stage of consideration of charge, were entitled to receive copies of all statements and documents collected during investigation and not merely those relied upon by the prosecution, and whether the order directing supply of such material suffered from any legal infirmity.

Analysis: The provisions governing police report and supply of copies were read together to hold that the investigating officer must forward all statements and relevant documents collected during investigation to the Magistrate, and that the Magistrate must furnish to the accused the documents contemplated by Section 207 of the Code. The exclusionary power under Section 173(6) operates only where the police officer specifically requests withholding of a statement or part thereof for recorded reasons, and in the absence of such request the accused is entitled to the material. The judgment emphasised that fair investigation and fair disclosure are integral to a fair trial, and relied on the principle that the accused cannot be denied access to relevant material merely because the prosecution does not propose to rely on it.

Conclusion: The accused were entitled to the sought documents and statements, and the order directing their supply was valid and called for no interference.

Ratio Decidendi: Where no specific request for exclusion is made under Section 173(6) of the Code, all statements and documents forwarded with the police report that fall within Section 207 must be supplied to the accused to ensure fair disclosure and a fair trial.

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