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2018 Supreme(Raj) 1672
IN THE HIGH COURT OF RAJASTHAN
Mr. Vijay Bishnoi, J.
Narayan Singh - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Misc(Pet.) No. 2082 of 2018
Decided On : 20-07-2018
Mr. Vishal Sharma, Advocate, for the Appellant; Mr. M.S. Panwar, PP, for the Respondent
The main legal point established in the judgment is that the availability of CD and DVD referenced in the charge-sheet is not required when they are not part of the charge-sheet and have not been submitted by the investigating officer.
Headnote:
Section 207 Cr.P.C. - Availability of CD and DVD - The court held that when the CD and DVD are not part of the charge-sheet and have not been submitted by the investigating officer along with the charge-sheet, the trial court did not commit any illegality in rejecting the application filed by the petitioners under Section 207 Cr.P.C., 1973.
Fact of the Case:
The petitioners filed an application under Section 207 Cr.P.C. seeking availability of a CD and DVD referenced in the charge-sheet before making submissions on framing of charges. The trial court rejected the application, stating that the CD and DVD were not part of the charge-sheet and had not been submitted by the investigating officer.
Finding of the Court:
The court found that the trial court did not commit any illegality in rejecting the application filed by the petitioners under Section 207 Cr.P.C., 1973.
Issues: The issue was whether the petitioners were entitled to the availability of the CD and DVD referenced in the charge-sheet before making submissions on framing of charges.
Ratio Decidendi: The court held that the CD and DVD, not being part of the charge-sheet and not submitted by the investigating officer, did not need to be made available to the petitioners at that stage.
Final Decision: The criminal misc. petition was dismissed for being bereft of any force.
JUDGMENT
Vijay Bishnoi, J. - This criminal misc. petition under Section 482 Cr.P.C., 1973 has been filed on behalf of the petitioners being aggrieved with the order dated 14.6.2018 passed by the Addl. Sessions Judge, Merta (for short 'the trial court') in Sessions Case No.205/2014 whereby, the application filed by the petitioners under Section 207 Cr.P.C., 1973 has been dismissed.
2. Vide application under Section 207 Cr.P.C., 1973 the petitioners have prayed that a Compat Disk (CD) and DVD, reference of which has been given in the charge-sheet be made available to the petitioners before making submissions on framing of charges.
3. The trial court has rejected the said application filed by the petitioners while observing that the police have not submitted the said CD and DVD along with the charge-sheet and have also not relied upon those CD and DVD in the charge-sheet. The trial court is of the opinion that when the said CD and DVD are not the part of the charge-sheet, then, copies of the same cannot be made available to the petitioners.
4. Having heard learned counsel for the petitioners and after going through the impugned order, this Court is of the opinion that when the said CD and DVD are not the part of the charge-sheet and the same have not been submitted by the I.O. along with the charge-sheet, the trial court has not committed any illegality in rejecting the application filed by the petitioners under Section 207 Cr.P.C., 1973
5. Hence, this criminal misc. petition being bereft of any force is dismissed.
