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RAJASTHAN HIGH COURT BENCH AT JAIPUR
Farjand Ali, J.
Manoj - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Miscellaneous Bail Application No. 19183/2021
Decided On : 08-12-2021
RIGHT TO LEGIBLE CHARGE-SHEET - CRIMINAL PROCEDURE - The court emphasized the fundamental right of an accused to receive a legible copy of the charge-sheet, as mandated by Sections 173 and 207 of the CrPC. The court directed law enforcement and subordinate courts to ensure that all charge-sheets provided to the accused are clear and readable, reinforcing the principle that an accused must be fully aware of the accusations against them to adequately prepare for their defense.
Fact of the Case:
The court observed that illegible copies of charge-sheets were being provided to accused individuals during bail application hearings, which hindered their ability to understand the charges against them.
Finding of the Court:
The court found that providing legible copies of charge-sheets is essential for the accused to know the nature of the accusations, which is a fundamental right. It directed the Director General of Police and subordinate courts to ensure compliance with this requirement.
Issues: Whether the accused have the right to receive legible copies of charge-sheets, and the implications of providing illegible documents on the accused's ability to defend themselves.
Ratio Decidendi: The court held that the right to receive a legible charge-sheet is a fundamental right under the CrPC, specifically referencing Sections 173 and 202, which outline the procedures for providing charge-sheets to the accused.
Result: The court ordered that all charge-sheets provided to the accused must be legible and directed the relevant authorities to ensure compliance, with a follow-up hearing scheduled for December 20, 2021.
ORDER
1. Learned counsel for the petitioner is directed to place on record the complete set of charge-sheet along with bail applications.
2. During the course of hearing of several bail applications, it came to the notice of this Court that illegible and unreadable carbon copies/xerox copies of charge-sheets are being provided to the accused at the time of its submission before the trial Court.
3. In this view of the matter, the Director General of Police is directed to instruct all concerned SHO's of the State of Rajasthan for providing legible copies of charge-sheet under the statutory provisions of Section 173 and 207 of the CrPC, to every accused. At the same time, this Court deem it appropriate to direct the concerned sub-ordinate Courts to check and verify that the copies being provided by the investigating agency to the accused, are legible. Since getting a copy of charge-sheet is akin to a fundamental right as every accused has a right to know the nature of accusation in which his liberty has been curtailed or he has been forced to face the rigour of the trial. In this regard, statutory provision contained under Section 173 of CrPC and Section 202 of CrPC are very much clear.
4. In this view of the matter, both the DGP as well as the concerned Magistrate shall ensure that henceforth, whenever a copy of the charge-sheet is provided to the accused, it must be a legible copy and carbon copy must be avoided. Registry is directed to send copy of this order to the Director General of Police of Rajasthan as well as to the Registrar General of Rajasthan High Court, for the purpose of circulating the direction to sub-ordinate Magistracy across the State of Rajasthan.
5. Put up on 20.12.2021.
AI
An accused's right to receive a legible copy of the charge-sheet is a fundamental right, essential for ensuring fair trial rights and the ability to prepare an adequate defense.
The accused has a statutory right to a legible copy of the 164 statement for effective cross-examination, ensuring the right to a fair trial.
Charge-sheet/documents along with charge-sheet cannot be said to be public documents under Section 74 of Evidence Act – Copies of charge-sheet and relevant documents along with charge-sheet do not fa....
(1) Section 272 of Cr.P.C. deals with only language of Courts under Cr.P.C. – Power of State Government is to determine for the purposes of Cr.P.C. what shall be language of Courts within State other....
Applies rules requiring provision of certified copies under specific procedural guidelines, setting aside non-compliant lower court order.
Accused cannot obtain copies of statements recorded under Section 164, CrPC, before filing of charge-sheet, despite them being public documents under Section 74 of the Evidence Act.
The obligation of the prosecution to make fair disclosure and ensure a fair trial for the accused by furnishing copies of all relevant documents and statements as per Section 207 of Cr.P.C.
Important Point:a) A criminal trial cannot be allowed to assume the character of fishing and roving enquiryb) it was the duty of the prosecution to ensure fair trial for both the prosecution and the ....
In eye of law, every person has a right to inspect public documents, provided he shows that he is individually interested in them.
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