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2015 Supreme(Del) 3829

SUNIL GAUR
M. L. Meena – Appellant
Versus
State (CBI) – Respondent


For the Petitioner:Mr. Umesh Sinha, Mr. Anil Singh & Mr. Rajesh Kumar, Advocates.
For the Respondent:Ms. Rajdipa Behura, Special Public Prosecutor for CBI & Ms. Monica Gupta, Advocate.

JUDGMENT :

Sunil Gaur, J. (ORAL)--

Impugned order of 17th May, 2014 rejects petitioner’s application under Section 294 of Cr.P.C. seeking to place on record some documents obtained under the Right to Information Act, 2005 (henceforth referred to as the ‘RTI Act’).

2. At the hearing, learned counsel for petitioner relied upon decisions in Crl.Rev. P. 240/2011 titled as Lt. Gen. Retd. Nirmal Puri v. CBI, decided on 13th November, 2014; Rajiv Thapar and Others v. Madan Lal Kapoor (2013) 3 SCC 330; State of Orissa v. Debendra Nath Padhi (2005) 1 SCC 568; Rukmini Narvekar v. Vijaya Satardekar & Ors. AIR 2009 SC 1013 to submit that the documents produced by the defence are of sterling quality and so, they ought to be considered even at the charge stage and further submits that the documents sought to be produced in Hem Chand v. State of Jharkhand (2008) 5 SCC 113 were not obtained through RTI and in the instant case, petitioner has a good case for discharge.

3. Learned Special Public Prosecutor for respondent-CBI had supported the impugned order and had submitted that Apex Court’s decision in Hem Chand (supra) has not been considered in the decisions relied upon on behalf of petitioner and













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