JUDGMENT

Dr. Arijit Pasayat, J.—Leave granted.

2. Challenge in this Appeal is to the direction given by the Delhi High Court directing that if the gists of the interrogation can be regarded as statements under Section 161(3) of the Code of Criminal Procedure, 1973 (in short the ‘Cr.P.C.’), although in summary form, then the same would have to be supplied over the accused i.e. the respondents herein.

3. The background facts in a nutshell are as follows:

Respondents filed a petition under Section 397 and Section 401 read with Section 482 of the Cr.P.C. regarding the opinion expressed by the trial court during recording of cross examination of PW 193 (Inspector Sukhwinder Singh) with regard to submissions alleged to have been made by PW 166 (Rakesh Bhatnagar).

4. For the purpose of adjudication of the present controversy, reference has to be made to the opinion expressed by the trial court which reads as follows:

“It is not in dispute that this witness has admitted to have interrogated PW Rakesh Bhatnagar several times but copy of seven statement (recorded by me and other IO’s) only is supplied to accused R.K. Sharma. In my opinion even the gist made after interrogating a person i.e. P