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. :

(i) Order dated 4.2.2023 (Annexure P-2) vide which an application dated 20.1.2023 (Annexure P-13), filed by the petitioner to unseal the record which had earlier been sealed vide order dated 27.7.2022 (Annexure P-22) and to supply copy of the same, has been declined;

(ii) order dated 30.1.2023 (Annexure P-3) vide which an application dated 20.1.2023 (Annexure P-14), moved by petitioner seeking copies of the evidence collected by the Chandigarh Police during the course of investigation of FIR No. 374 dated 21.9.2015, Police Station Sector 26, Chandigarh, which was lodged prior to handing over the matter to the CBI, has been dismissed;

(iii) order dated 16.12.2022 (Annexure P-4) vide which an application dated 15.10.2022 (Annexure P-15), filed by the petitioner seeking copies of documents which were found deficient or were illegible which were part of the supplementary challan filed under section 173(8) Cr.PC, has been partly declined inasmuch as legible copies of "relied upon" documents only were directed to be furnished to petitioner; the Court had, however, directed that cloned copy of electronic evidence be furnished;

(iv) order dated 22.12.2022 (Annexure P-5) whereby the CBI Court clarified that aforesaid order dated 16.12.2022 is be read so as to mean that a soft copy of 'relied upon' data only is to be supplied to accused.

2. The petitioner faces allegations of having murdered Sukmanpreet Singh @ Sippy Sidhu on 20.9.2015. The matter was initially investigated by the Chandigarh Police but subsequently the investigation was transferred to CBI vide order dated 15.1.2016, passed by Administrator, Chandigarh. During the course of investigation, the Chandigarh Police as well as CBI police collected evidence in the shape of statements of witnesses, documents, digital data (from mobile phone and laptop of deceased). Initially, a report in terms of section 173(2) Cr.P.C. in the shape of an 'untraced' report dated 7.12.2020 (Annexure P-9) was presented in the Court of Special Judicial Magistrate, Chandigarh, by the CBI on 7.12.2020 but the Court did not treat the same as-untraced and vide order dated 14.12.2020, while granting permission to further investigate the matter, directed CBI to file fresh report upon conclusion. A protest petition had also been filed by de-facto complainant i.e. the mother of deceased.

3. Thereafter, an application was moved by the petitioner seeking issuance of a direction to the CBI to supply all the documents relied upon by the CBI while submitting 'untraced report' dated 7.12.2020 including statements of all witnesses recorded under Section 161 Cr.P.C. as well as electronic data. The trial Court, however, did not accede to the said request, while observing that investigation was still underway and that it was only upon conclusion of investigation and filing of report under Section 173 Cr.P.C. that copies of such documents could be furnished to the petitioner/accused. The relevant extract from said order dated 22.6.2022 (Annexure P-21) is reproduced herein-under:-

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