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.

JUDGMENT

(Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C. praying to set aside the order dated 09.04.2021 made in Crl.MP.No.600 of 2021 in CC.No.15 of 2013 on the file of the Special Judge, Special Court under TNPID Act, Coimbatore by allowing this criminal original petition.)

1. This criminal original petition has been filed praying to set aside the order dated 09.04.2021 made in Crl.MP.No.600 of 2021 in CC.No.15 of 2013 on the file of the Special Judge, Special Court under TNPID Act, Coimbatore.

2. This criminal original petition has been filed challenging the order passed in Crl.MP.No.600 of 2021 in CC.No.15 of 2013 dated 09.04.2021 on the file of the Special Judge, Special Court under TNPID Act, Coimbatore, thereby dismissed the petition filed under Section 207(v) of Cr.P.C. to give necessary orders for furnishing copies to the accused through in compact disc form and scanned copies in pen drive and also permit the accused persons to peruse the documents on filing the petition.

2.1 The case of the prosecution is that the accused persons circulated advertisements and canvassed the general public that deposits are invited in their companies and their companies would pay Rs.8,500/- per month as monthly returns for each deposit of Rs.1 lakh for 5 years and that they would return back the deposit amount to the depositors at the end of fifth year. Enticed by these advertisements / false assurances, A18-Mohan canvassed and assured to give high returns to the complainant. He has deposited Rs.1,50,000/- in A1-Financial Establishment through A-18. As assured, he was paid Rs.12,750/- regularly as monthly returns from March 2012 to August 2012. Hence, the complainant deposited another amount of Rs.3,50,000/- on 01.08.2012 in A1 Financial Establishment through Mohan. The assured monthly returns were not paid to the complainant during the months of October and November 2012. Later, A2 and A3 had absconded with the deposit amount and hence, he has made the complaint for recovery of his deposit amount i.e. Rs.5,00,000/-.

2.2 Thereafter, investigation was transferred to the Economic Offences Wing-II, Unit, Coimbatore. FIR was also altered, thereby included the offences under TNPID Act. After completion of investigation, the preliminary charge sheet was laid as against A1 to A5 on 03.05.2013 for the total default amount of Rs.1,94,64,695/- with regards to 258 complainants/ depositors before the trial court. The same has been taken cognizance in CC.No.15 of 2013. Investigation was conducted and first additional charge sheet was laid against A1 to A45 on 01.02.2014 for the default of deposited amount to the tune of Rs.102,62,52,595/- After completion of further investigation, second additional charge sheet was also laid as against A1 to A5 dated 22.12.2014 for the default of deposited amount of Rs.66,39,15,570/- Accordingly, A2 to A47 canvassed the depositors to make deposits with A1 company. Accordingly, they have collected deposits from the public, thereby cheated the depositors. There are 25,680 statements and 16,256 documents were collected in respect of Rs.189,15,24,230/- of 25,389 depositors. Each copy contains more than 5 lakh pages which costs more than Rs.2,50,000/-. In order to avoid such huge process, the petition was filed before the trial court seeking permission to furnish free copies to the accused by way of digital format.

3. The learned State Public Prosecutor appearing for the petitioner submitted that a copy of the charge sheet along with annexures to be supplied to a single accused costs about Rs.2,50,000/- and the total cost to furnish the copies to all the accused persons is more than Rs.1,25,00,000/-. An alternate mode is available to the accused to inspect the documents under the proviso of Section 207 of Cr.P.C. when the document is voluminous such as ledger/minute book, etc. Volume of case records are very high and it could not be able to prepare the copies for furnishing to each accused.