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IN THE HIGH COURT OF ORISSA AT CUTTACK
ADITYA KUMAR MOHAPATRA
Rabindra Kumar Jena – Appellant
Versus
Central Bureau of Investigation, Bhubaneswar – Respondent
ORDER :
ADITYA KUMAR MOHAPATRA, J.
CRLMC No.2177 of 2025
1. This matter is taken up through Hybrid mode.
2. Heard Mr. Srivastava, learned counsel for the Petitioner as well as Mr. S. Nayak, learned Special Counsel for CBI.
3. Mr. Nayak, learned Special Counsel for CBI is directed to file a reply affidavit to the application filed by the Petitioner within two weeks after serving a copy thereof on learned counsel for the Petitioner.
CRLMC No.2620 of 2025
4. Heard Mr. Srivastava, learned counsel for the Petitioner as well as Mr. S. Nayak, learned Special Counsel for CBI.
5. The subject matter of the dispute in the present application arises out of the self-same dispute which is also the subject matter of dispute in another CRLMC application bearing CRLMC No.2177 of 2025 and is pending before this Court for final hearing. As such, the present matter be heard analogously with the connected matter.
6. Mr. Nayak, learned Special Counsel for CBI who is already appearing for the Opposite Parties in CRLMC No.2177 of 2025 accepts notice in the present case. Since the copy of the CRLMC application has already been served on Mr. Nayak, no extra copy of the application is require to be served.
I.A. No.187
Fairness of trial mandates cooperation with investigating agencies, even after filing charge-sheets, ensuring access to all relevant documents for the accused.
Accused must be provided access to all documents necessary for defense to ensure a fair trial.
The judgment emphasizes mandatory compliance with Supreme Court-established guidelines regarding document disclosure in criminal trials to ensure fair trial rights.
The prosecution must disclose all documents, including those not relied upon, to ensure the accused's right to a fair trial.
The court confirms that under Sections 91(1) and 91(2) of the Cr.P.C., personal attendance is required for compliance in investigations, while ensuring the right to notice against coercive actions.
The court upheld that the accused must specify required documents for defense; vague applications do not warrant disclosure of all materials.
Prosecution must supply list of unrelied-upon documents to accused under Section 91 CrPC for fair trial, even pre-defence stage if necessary, overriding confidentiality claims for public documents.
The accused is entitled to document disclosure under Section 207 of Cr.P.C. for a fair trial, including materials not necessarily relied upon by prosecution.
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