A defendant has the right to obtain copies of all documents relied upon by the prosecution to ensure a fair trial.

JUDGMENT :

YASHVIR SINGH RATHOR, J.

1. The instant petition has been filed under Section 528 of BNSS , 2023 is seeking quashing of order dated 11.08.2025 (Annexure P4) vide which the application dated 08.02.2023 (Annexure P-3) filed by the petitioner under Section 207 of Cr.P.C. for supply of CCTV footage and colour photographs which is part of challan, has been dismissed in FIR No.191 dated 15.07.2021 under Sections 295 , 323, 506 and 34 of IPC , 1860 registered at Police Station Division No.2, District Police Commissionerate, Ludhiana (Annexure P-2).

2. Learned counsel for the petitioner contended that petitioner is facing trial for the offence under Sections 295 , 323, 506 and 34 of IPC , 1860 registered at Police Station Division No.2, District Police Commissionerate, Ludhiana (Annexure P-2). The police alongwith the final report had annexed CCTV footage in a pen drive and had also placed on record certain coloured photographs which are a part of challan but the copy of the pen drive and the photographs were not supplied and thereafter, he had moved an application for supplying the copy of the same. However, learned Trial Magistrate has rejected the application on the ground that the statements of all the accused have been recorded under Section 207 of Cr.P.C. and the documents relied upon by the prosecution have been supplied. No doubt, the statements may have been recorded but the Trial Magistrate should first of all verify from the Court Clerk/Alhmad whether police has supplied spare copies of the pen drive or not and the spare copies of the coloured photographs alongwith the copies which were meant to be supplied to the accused and only thereafter, the application should have been decided. It is well settled that the accused has a right to obtain the copies of all the documents relied upon by the prosecution so that he can also get the opportunity of a fair trial and in case, CCTV footage and photographs are denied to him, it will amount to withholding the opportunity of a fair trial.

3. Resultantly, the impugned order dated 11.08.2025 (Annexure P-4) is set aside and the Trial Magistrate is directed to supply copies of the pen drive and photographs to the petitioner before framing of the charge.

4. Disposed of in the above terms.