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GURVINDER SINGH GILL
Kalyani Singh – Appellant
Versus
Central Bureau of Investigation – Respondent
| Table of Content |
|---|
| 1. petitioner’s challenge to various judicial orders. (Para 1) |
| 2. petitioner accused of murder; investigation details. (Para 2) |
| 3. supreme court guidance on document supply rights. (Para 3 , 4) |
| 4. summary of impugned orders dismissing petitioner’s applications. (Para 5 , 6) |
| 5. counsel’s argument for access to evidence. (Para 7 , 8) |
| 6. framework for entitlement to documents in prosecution. (Para 9 , 10) |
| 7. court outlines rights concerning unrelied documents. (Para 24 , 25) |
| 8. court grants access to relevant documents and data. (Para 44 , 45 , 52 , 53) |
JUDGMENT
Mr. Gurvinder Singh Gill, J.
The petitioner, in addition to assailing the commitment order dated 4.2.2023 (Annexure P-1), assails the following four orders passed by learned Special Judicial Magistrate, CBI, Chandigarh, all of which pertain to furnishing of copies of 'relied-upon' documents as well as 'un-relied' documents, in compliance of provisions of Section 207 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 ....
Section 207 of the Cr.P.C. requires prosecutors to supply only 'relied upon' documents, denying access to 'unrelied upon' materials at this stage without prejudice to the accused's rights.
The prosecution must disclose all documents, including those not relied upon, to ensure the accused's right to a fair trial.
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.
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.
Only the prosecution can submit additional documents in a sessions trial; witnesses cannot independently introduce evidence, ensuring trial integrity.
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