Court is not providing copies of statement recorded under Section 164 crpc. I want to file a quashing application in the High Court. But due to not having copies of statements unable to proceed in high court.
Asked from: Uttar Pradesh
If the court has taken cognizance of the offence based on the charge sheet and issued a summons to the accused, it becomes the court's responsibility to provide the accused with all documents submitted by the investigating officer along with the charge sheet.
Conversely, if the court has not taken cognizance of the offence, it is not obligated to deliver any documents to the accused. In such a scenario, the court may appear not to rely on the charge sheet. It is also possible that the court considers further investigation necessary to address unresolved areas of the case.
At this stage, the court is not bound to issue process, as the issuance of process occurs only after cognizance is taken. Therefore, until cognizance is taken, the accused cannot compel the court to provide copies of the victim's statements.
You should consult with your advocate and inspect the file specially to see whether cognizance has been taken by the court or not. If the court has taken cognisance and issued a process against the accused, you may move an application to the District/Session Judge that court is not providing copies of statement recorded under Section 164 crpc. The district/session judge shall take proper action against that judge.
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