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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
Key Points: - The judgment holds that Section 207 Cr.P.C. requires the prosecution to supply only documents they have relied upon; unrelied upon materials may be sought under Section 91 at an appropriate trial stage. (!) (!) - The court explains that while Supreme Court guidelines allow listing of unrelied upon materials, access to such documents under Section 207 Cr.P.C. may be restricted and should be pursued under Section 91 at an appropriate stage. (!) (!) - The petition seeking unfettered access to case diary entries at the 207 stage is dismissed, citing the restrictions of Section 172(3) Cr.P.C. and the need to protect public interest; any relevant non-relied materials could be sought under Section 91 later. (!) (!) - The court confirms that case diaries maintained by initial police investigations (Chandigarh Police) are not accessible at this stage under Section 207 Cr.P.C., due to statutory disentitlement in Section 172(3). (!) - The judgment notes that documents already supplied to the family of the deceased and those materials provided to the petitioner in prior orders do not compel broader access to unrelied materials at this stage. (!) (!)
| Table of Content |
|---|
| 1. application allowed regarding submission of documents. (Para 1) |
| 2. petitioner seeks documents from seizure memo. (Para 2) |
| 3. cbi argues against supplying 'unrelied upon' documents. (Para 3) |
| 4. section 207 cr.p.c. ensures fair trial rights. (Para 6 , 7) |
| 5. supreme court order mandates supply of relied-upon documents. (Para 8 , 9) |
| 6. access to sensitive information must be restricted. (Para 10 , 11) |
| 7. petition dismissed; merits not assessed. (Para 12 , 13) |
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 docum
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.
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.
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 ....
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