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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANJARI NEHRU KAUL
Kalyani Singh – Appellant
Versus
Central Bureau of Investigation, Chandigarh – Respondent
JUDGMENT :
MANJARI NEHRU KAUL, J.
1. CRM No.17628 of 2024 In view of the averments made in the application and in the interest of justice, the same is allowed as prayed for, subject to all just exceptions. The rejoinder of the petitioner to the reply filed on behalf of the respondent/CBI along with supporting documents (Annexures P-15 to P-18A-C) are taken on record.
CRM-M No.18316 of 2024
1. The petitioner, in the instant petition, filed under Section 482 Cr.P.C., is seeking quashing of order dated 06.04.2024 (Annexure P-2) passed by the Court of learned Special Judge, CBI, Chandigarh vide which her application under Section 207 of the Cr.P.C. was dismissed.
2. It has been contended by the learned senior counsel that documents listed at Sr.No.6(a) and 6(b) of seizure memo (D/5) annexed at Annexure P-5 be supplied to the petitioner inter alia on the following grounds:
(i) That the CBI has relied on seizure memo (annexed as Annexure P-5) in both its reports filed under Section 173(2) and 173(8) of the Cr.P.C. Despite this, the CBI is now claiming that certain documents which form part of the seizure memo, are ‘unrelied upon’ documents since they are not a part of the challan. Rather, a pe
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 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 prosecution must disclose all documents, including those not relied upon, to ensure the accused's right to a fair trial.
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.
Furnishing of documents to accused under Section 207 Cr.P.C. is a facet of right of accused to a fair trial enshrined in Article 21 of the Constitution of India and it is duty of Magistrate to pass a....
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 ....
Accused cannot seek documents to prove innocence at the stage of framing charges under Sec. 91 of Cr.P.C.
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