9911796707
TMI Blog2022 (2) TMI 1435X X X X Extracts X X X X X X X X Extracts X X X X ..... dia the writ petitioner is seeking following reliefs:- A. Pass necessary orders and directions, thereby quashing and setting aside of the impugned order dated 10.12.2021 passed by the Court of Sh. S.S. Rathi, Ld. Spl Judge, Rouse Avenue Court Complex, New Delhi in CC No. 01/2020 titled "Directorate of Enforcement Vs M/s Bhushan Power and Steel Ltd. & Ors" whereby the Application under Section 208 Cr.P.C. filed by the Petitioner herein was disposed off by merely directing for supply of the list of unrelied documents without the supply of the actual documents. B. Pass any other necessary and appropriate orders and direction, as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of j ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nly furnished with list of documents and statements which the prosecution relies on and are kept in the dark about other material, which the police or the prosecution may have in their possession, which may be exculpatory in nature, or absolve or help the accused. This court is of the opinion that while furnishing the list of statements, documents and material objects under Sections 207/208, Cr. PC, the magistrate should also ensure that a list of other materials, (such as statements, or objects/documents seized, but not relied on) should be furnished to the accused. This is to ensure that in case the accused is of the view that such materials are necessary to be produced for a proper and just trial, she or he may seek appropriate orders, u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce during the trial, then those documents can be obtained by filing a proper application in this regard. It is further submitted that Supreme Court also directed the High Courts to draft the rules within six months but as of today no rules have been drafted so that magistrates can function in this aspect during the course of trial. It is further submitted that till such time those rules are framed, the Trial Court cannot even direct to supply the list of those relied or unrelied documents, and that can only be provided once rules are framed. It is further submitted that in the judgment of Supreme Court In re: To issue certain guidelines regarding inadequacies and deficiencies in Criminal Trials (Supra) the word is used i.e "during the tria ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by Superintendent of Police, (2012) 9 SCC 771 ii. Sidhartha Vashisht alias Manu Sharma v. State (NCT of Delhi), (2010) 6 SCC 1 iii. Vishaka and Ors. v. State of Rajasthan and Ors., (1997) 6 SCC 241 iv. Sarla Gupta v. Directorate of Enforcement, 2019 SCC Online Del 9258. 8. In the instant case, as per the order dated 10.12.2021 passed by learned special court, it was held as follows: "In the light of the above, the application under disposal stands allowed to the extent that ED shall prepare and supply list of unrelied material including documents and statements seized by them upto the date of filing of the present complaint, within four weeks. No blanket permission of inspection of unrelied documents is being sought as of now ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
