Back
KULDEEP TIWARI
Commander Realtors Pvt. Ltd. – Appellant
Versus
Central Bureau of Investigation – Respondent
JUDGMENT :
(Kuldeep Tiwari, J.)
The instant petition cast under Section 482 of the Cr.P.C. aims at securing the hereinafter extracted relief(s):-
(ii) Set aside the order dated 04.08.2021 (Annexure P-2), whereby, the learned Special Judge (C.B.I.), Haryana at Panchkula, has dismissed the petitioner’s application under Section 207 of the Cr.P.C., filed in Case No. PC/01/2021 (IA04/2021), thereby praying for him being supplied the deficient copies of documents.”
SUBMISSIONS OF THE LEARNED COUNSEL FOR THE PETITIONER
2. The principal argument of the learned counsel for the petitioner is embedded in the notion that, the documents, which although became seized by the C.B.I. during the course of investigation, however, did not become relied upon or placed on record, carry dire significance for the petitioner to prove his innoce
The prosecution must disclose all documents, including those not relied upon, to ensure the accused's right to a fair trial.
Accused must be provided access to all documents necessary for defense to ensure 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.
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 judgment emphasizes mandatory compliance with Supreme Court-established guidelines regarding document disclosure in criminal trials to ensure fair trial rights.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
