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M. NAGAPRASANNA
Muzammil Pasha – Appellant
Versus
National Investigating Agency – Respondent
ORDER
1. The petitioner is before this Court calling in question an order dated 27-09-2021 passed by the XLIX Additional City Civil and Sessions Judge (Special Court for Trial of NIA Cases), Bangalore in Special C.C.No.152 of 2021, rejecting the application filed by the petitioner under Section 207 of the Cr.P.C.
2. Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows:-
An untoward incident on 11-08-2020, takes place in D.J.Halli Police Station limits, which was on religious lines. A complaint came to be registered in Crime No.195 of 2020 against accused Nos.1 to 5 along with 300 persons for offences punishable under Sections 143, 147, 307, 436, 353, 332, 333, 427, 504, 506 r/w. Sections 34 and 149 of the IPC along with Section 4 of the Prevention of Damage to Public Property Act, 1984 and Section 2 of the Karnataka Prevention of Distribution and Loss of Property Act, 1981. The police took up investigation on registration of the said complaint and thereafter, on 17-08-2020, added offences punishable under Sections 15, 16, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967. Number of accused were arrested and sent to judici
The accused is entitled to all evidence collected during the course of investigation to build a proper defense, and the denial of necessary evidence to defend oneself would violate the principle of a....
The accused is entitled to document disclosure under Section 207 of Cr.P.C. for a fair trial, including materials not necessarily relied upon by prosecution.
Accused must be provided access to all documents necessary for defense to ensure a fair trial.
Important Point:a) A criminal trial cannot be allowed to assume the character of fishing and roving enquiryb) it was the duty of the prosecution to ensure fair trial for both the prosecution and the ....
The accused's right to a fair trial, the obligation of the prosecution to make fair disclosure, and the accused's entitlement to relevant documents collected during the investigation were central leg....
The obligation of the prosecution to make fair disclosure and ensure a fair trial for the accused by furnishing copies of all relevant documents and statements as per Section 207 of Cr.P.C.
The duty of the Public Prosecutor to ensure fair play in the proceedings and the accused's right to fair trial and defense were central to the judgment.
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