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2019 Supreme(Del) 1841

SURESH KUMAR KAIT
Central Bureau of Investigation – Appellant
Versus
Vallalore Rangaswamy Natarajan – Respondent


Advocates:
Advocate Appeared:
Nikhil Goel, Adv., Naveen Goel, Adv., Dushyant Sarna, Adv., Piyo Harold, Adv.

JUDGMENT :

SURESH KUMAR KAIT, J.

Crl.M.A. 36308-09/2019 (Exemptions)

1. Allowed, subject to all just exceptions.

2. Applications stand disposed of accordingly.

    CRL.REV.P. 995/2019 and CRL.M.A. 36307/2019 (Stay)

3. Vide the present petition, the petitioner seeks direction thereby to set aside the impugned order dated 01.08.2019 passed by the Ld. Special Judge, (PC Act) CBI-XIII, Rouse Avenue District Court in Case RC AC-1/2012 (A)/0004 to the extent that it requires the CBI to produce FR-I/Crime File.

4. Learned counsel for the petitioner submits that FR-I can only be summoned under exceptional circumstances. This Court has opined in order dated 26.04.2019 in Criminal Revision Petition No. 729/2018, as follows:

    "Upon hearing and on perusal of the impugned orders, I find that as per the mandate of Section 172 of Cr.P.C., the custody of the diaries has to be with the Investigating Officer. So, direction of the trial cannot be sustained. As regards 'Final Report'- Part 1 is concerned, it is an internal document of CBI to which access in normal course is not to be made.

However, under exceptional circumstances, FR-1 can be summoned by the Court for its exclusive perusal, if necessary but not as

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