C. JAYACHANDRAN
Varghese Kuruvila – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor – Respondent
ORDER :
C. Jayachandran, J.
Can the accused in a criminal trial lay his hands on statements, documents and material objects collected during the course of investigation, but which are not relied upon by the Investigating Officer? It is this question which falls for consideration in this Criminal Miscellaneous Case, which stems from the interpretation of Rule 19(4) of the Criminal Rules of Practice, Kerala, 1982 (the Rules, for short). Before referring to the Rule as such, it is necessary to advert to the factual premise, which occasioned the above Crl.M.C. The petitioner is the sole accused in C.C.No.3/2014 of the Special Court, Kottayam. The offences alleged are under Section 7 and Section 13(1)(d), read with Section 13(2) of the Prevention of Corruption Act. The case was scheduled for trial on 05.08.2024. While so, on 15.05.2024, the petitioner/accused filed an application (Annexure-A2) under Rule 19(4) of the Rules, seeking a direction to furnish a list of documents and material objects, including the statements, documents and material objects which are not relied upon by the investigation officer. By Annexure-A3 order, the same was dismissed by the learned Special Judge, finding
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