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2021 (11) TMI 1048 - HC - Indian Laws


Issues Involved:
1. Supply of documents to the accused under Section 207 Cr.P.C.
2. Inspection of documents not relied upon by the prosecution.
3. Impact of further investigation on the supply and inspection of documents.
4. Legal precedents and guidelines regarding the supply and inspection of documents during criminal trials.

Issue-Wise Detailed Analysis:

1. Supply of Documents to the Accused under Section 207 Cr.P.C.:
The CBI challenged the Special Judge's order directing the supply of certain documents to the accused. The documents in question were categorized as deficient, dim or illegible, incomplete or torn, parts of documents filed in court, documents seized but not filed in court, and documents referred to in correspondence or witness statements. The Special Judge ordered the supply of complete documents where only parts were filed by the CBI and allowed inspection of other documents under Clause 12.32 of the CBI (Crime) Manual, 2020.

2. Inspection of Documents Not Relied Upon by the Prosecution:
The Special Judge permitted the inspection of documents not relied upon by the prosecution but kept in the CBI Malkhana. This was based on the Supreme Court's guidelines in Suo Moto W.P.(CRL) No. 1/2017, which mandated that a list of all materials, including those not relied upon, should be provided to the accused to ensure a fair trial. The Special Judge emphasized the importance of allowing the defense to inspect these documents to determine their relevance and potential exculpatory nature.

3. Impact of Further Investigation on the Supply and Inspection of Documents:
The CBI argued that allowing inspection of documents could hinder ongoing investigations. However, the Special Judge clarified that the inspection would not include documents related to ongoing investigations. The court balanced the need for a fair trial with the necessity of maintaining the integrity of further investigations. The CBI's claim that it could not pre-empt which documents might be needed for further investigation was deemed unwarranted since the charge sheet had already been filed.

4. Legal Precedents and Guidelines Regarding the Supply and Inspection of Documents During Criminal Trials:
The judgment extensively discussed various legal precedents and guidelines. The Supreme Court's decision in Suo Moto W.P.(CRL) No. 1/2017 was pivotal, emphasizing the need for transparency and fairness in criminal trials by allowing the accused access to all relevant materials. The court also referred to the CBI Manual, which supports the inspection of documents kept in the Malkhana. The judgment cited cases like Debendra Nath Padhi and V.K. Sasikala to highlight the legal principles governing the supply and inspection of documents during different stages of a trial.

Conclusion:
The court upheld the Special Judge's order, finding no infirmity in allowing the inspection of documents not relied upon by the prosecution but kept in the CBI Malkhana. The decision was guided by the principles of ensuring a fair trial and the Supreme Court's directives to provide the accused with access to all relevant materials. The petition and application by the CBI were dismissed, reinforcing the accused's right to a comprehensive defense.

 

 

 

 

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