Case diary

Under section 172 (2) Cr.P.C. a criminal Court may send for the police diary of a case under enquiry or trial before it and may use it in the case not as evidence but in aid of such enquiry or trial. If the case diary is used by the police officer, who made it or the Court uses it for the purpose of contradicting such police officer, the provisions of the Evidence Act or of section 161 Cr.P.C. shall apply. AbdusSukur Miah Vs. The State, 16 BLD(HCD)337

Diary of proceedings in investigation

Under section 172 of the Code, a Court is entitled to use a case diary not as evidence but in aid of an enquiry or trial. If on perusal of the case diary or a "naraji" petition, which amounts to a fresh complaint, the Magistrate finds that facts disclosed constitute any of- fence under the law, it is incumbent upon him to take cognizance against the discharged accused.

The Criminal Revision before the Sessions Judge prior to taking of cognizance by the Magistrate against the discharged accused is evidently premature.

Nurul Huq Vs. Bazal Ahmed and 3 others, 15BLD (HCD)231