The main legal point established in the judgment is the accused's entitlement to specific documents and the duty of the Investigating Agency to furnish them, emphasizing the importance of a fair trial and transparency.

1. The petitioner seeks quashing of the order dated 8.4.2010 passed by the Special Judge, Vigilance (Trap), Patna in Special Case No. 42 of 2007 arising out of Vigilance P.S. Case No. 69 of 2007, by which he has rejected an application filed u/s. 207 Cr.P.C.

2. According to the prosecution the petitioner was arrested while accepting a bribe of Rs. 25,000/- from the complainant. In due time charge-sheet was submitted and cognizance was taken by the court below. The petitioner then prayed for supply of certain documents, but the court below was of the opinion that all the relevant documents had already been supplied to him. The Trial Court further observed that "yellow paper" would be supplied as and when the same is made available and thus rejected the prayer made on behalf of the petitioner.

3. The petitioner contends that he had demanded 30 additional documents pertaining to investigation which the Court was enjoined to supply u/s. 207 Cr.P.C. and has therefore prayed for quashing the order impugned. On the other hand the counsel for the Vigilance submits that the petitioner has been supplied all the documents which the prosecution proposes to rely upon, and he is merely delaying the trial, by making demand for documents which are extraneous and irrelevant.

4. Considered the rival contentions.

5. One must, at all times, be conscious that the essence of Article 21 of Constitution of India is also securing for its citizens, a trial, which is just and fair, of which, I would hasten to add, transparency is an essential core. Viewing Section 207 Cr.P.C. in this background, from the standpoint of an accused, one will realise that the purpose of 207 Cr.P.C. is to ensure that the accused is apprised of the exact nature of material, that has appeared against him during investigation, so as enable him, to plead the prosecution was baseless, and, pray for discharge and/or to give him prior notice of the same to lead his defence during trial.

6. Since Section 207 Cr.P.C. refers to Section 173 Cr.P.C, it is necessary to firstly examine the provision of 173 Cr.P.C. which reads as follows:

"173. Report of police officer on completion of investigation. (1) Every investigation under this Chapter shall be completed without unnecessary delay. [(1-A) The investigation in relation to rape of a child may be completed within three months from the date on which the information was recorded by the officer-in-chargte of the police station.]

(2) (i) As soon as it is completed, the officer-in-charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government, stating- (a) the names of the parties;

(b) the nature of the information;

(c) the names of the persons who appear to be acquainted with the circumstances of the case;

(d) whether any offence appears to have been committed and, if so, by whom;

(e) whether the accused has been . arrested;

(f) whether he has been released on his bond and, if so, whether with or without sureties;

(g) whether he has been forwarded in custody under Section 170;

[(h) whether the report of medical examination of the woman has been attached where investigation relates to an offence under Sections 376, 376A, 376B, 376C or 376D of the Indian Penal Code (45 of 1860).]

(ii) The officer shall also communicate, in such manner as may be prescribed by the State Government, the action taken by him, to the person, if any, by whom the information relating to the commission of the offence was first given.

(3) Where a superior officer of police has been appointed under Section 158, the report shall, in any case in which the State Government by general or special order so directs, be submitted through that officer, and he may, pending the orders of the Magistrate, direct the officer-in-charge of the police station to make further investigation.

(4) Whenever it appears from a report forwarded under this section that the